Terms and Service Last updated August 30, 2024 1.Introduction Welcome to The Upcoming Events, LLC ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website located at www.theupcomingevents.com (the "Site"), including all features, content, and services offered through the Site. By accessing or using our Site, you agree to be bound by these Terms. These Terms apply to you as soon as you access the Site by any means and will continue to apply until they are terminated. If you do not agree to these Terms, please do not use our Site. If you will be using our Site on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and any Affiliate of that entity and you represent that you have the authority to do so. In that case, "you" and "your" will refer to that entity as well as yourself. An “Affiliate” of any entity means any person or entity that controls, is controlled by, or that is under common control with, such entity, whether as of the date of your agreement to these Terms or after. For purposes of this definition, "control" means ownership or control, directly or indirectly, of more than 20% of the outstanding voting stock of an entity or otherwise possessing the power to direct the management and policies of an entity. 2.Services Our Site provides a platform for posting and discovering events and sharing content from other websites. Users may subscribe to our Site for a monthly fee to access premium features and content related to event listings. We are not the creator, organizer, or owner of the events listed on our Site nor are we the seller of tickets, registrations or any merchandise regarding the events posted on our Site. Instead, we allow event hosts to promote their events. When hosting an event, the event host is solely responsible for ensuring that their event and any page displaying an event complies with any applicable laws, rules, and regulations, and that the goods and services described on the event page are delivered as described and in an accurate, satisfactory manner. 3.Privacy a.Privacy Policy: We are committed to protecting your personal data that you provide or that we collect through our Site as set forth in our Privacy Policy, which can be found on the Membership account home page. b.Cookies: We and our vendors use cookies, scripts, and other technologies to collect information on a real-time basis about how you use and navigate our Site. This may include your IP address, as well as information about your browsing behavior, page visits, clicks and cursor movements and searches on our sites. This information will be collected directly by, or disclosed to, our vendors and used to evaluate your use of our Site. Our Cookie Policy, which can be found here: [Link to Cookie Policy], further explains how we use cookies, pixels and other similar technologies when you visit or use our Site. You may modify how we use your cookies at any time. To do so, please visit the "Cookie Preferences" link in the footer of our website. c.Consumer Information: If you are an event host, you will at all times comply with all applicable local, state, provincial, national, and other laws, rules, and regulations with respect to information you collect from (or receive about) consumers using our Site for any reason, including to consume information and/or attend events or other individuals (“Consumers”), and comply with any applicable policies posted by us on the Site with respect to information you collect from (or receive about) Consumers. 4.Subscription and Fees a.Subscription Plans: We offer various subscription plans, which are described on our Site. By subscribing, you agree to pay the applicable monthly fee. b.Free Trial: We may offer a paid subscription plan on a free trial basis (“Free Trial”) for a specified period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials may not be combined with any other offer. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously accessed the subscription plan for which the Free Trial is being offered. When you agree to a Free Trial for a subscription plan, you are also agreeing to sign up for a paid subscription plan and, consequently, unless you cancel your subscription plan prior to the end of your Free Trial, we (or our third party payment processor) will begin charging your payment method on a recurring basis for the fee for the subscription plan (plus any applicable taxes and other charges) until you cancel your subscription plan. Instructions for canceling your subscription plan are available on our Site. We reserve the right to modify or terminate Free Trials at any time, without notice and in our sole discretion. c.Payment: Payments are processed through [Payment Processor], and you agree to provide accurate and complete payment information. d.Billing: Your subscription will automatically renew each month until you cancel it. You will be billed on the same day each month or the nearest business day. e.Cancellation: You may cancel your subscription at any time by following the cancellation instructions on our Site. Cancellations will take effect at the end of the current billing period. Please note, however, that all sales are final. You will not receive a refund of any portion of payment for the subscription plan paid for the then current subscription plan period at the time of cancelation unless otherwise required by law. You will be responsible for all payments for the subscription plan (plus any applicable taxes and other charges) incurred for the then-current subscription plan period. To avoid being charged for a renewal, you must cancel your subscription plan at least one day prior to the renewal date. If you cancel, we will allow you to access the subscription plan services until the end of the latest period for which you have fully paid, and then will terminate your access to the subscription plan services. Canceling your subscription plan will not cancel your account on our Site. See the link here [Link to instructions for deleting account] for information on deleting your account on our Site. f.Failure to Pay. We may limit, suspend, or terminate your access to the subscription plan services in the event that you fail to pay when due any subscription plan fees, including instances in which your credit card is declined or you fail to provide accurate and updated credit card information, the expiration date of your credit card and your billing address. 5.User Accounts a.Registration: To access certain features of our Site, you may be required to create an account. You agree to provide accurate and complete information during registration and to keep your account credentials confidential. b.Responsibility: You are responsible for all activities that occur under your account. Notify us immediately if you suspect any unauthorized use of your account. c.Termination by Us: We reserve the right to suspend or terminate your access to the Site at our discretion if you violate these Terms. 6.Content a.User-Generated Content: You may post or share content on our Site, including but not limited to event listings and comments. By posting content, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, distribute and display such content. b.Third-Party Content: In using our Site, you may elect to use certain content provided by third parties including but not limited to links to third-party websites or services contained on our Site (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and will have no responsibility for Third Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You are responsible for reviewing and editing any Third Party Content prior to publishing, and for complying with any separate terms and conditions that apply to the Third Party Content and all policies of the platforms where the Third Party Content will be published. We are not responsible for the content or practices of these third-party sites or Third Party Content. Any interaction or transactions you have with third-party websites are solely between you and the third party. We are not liable for any issues that may arise from such interactions. You are solely responsible for complying with the terms, guidelines, and policies of third-party platforms (e.g., Facebook and LinkedIn) in connection with the use of our Site. c.Content Guidelines: You agree not to post or share content that is illegal, harmful, defamatory, obscene, or infringes on the rights of others. Your content must comply with our Content Guidelines [link to Content Guidelines]. Prohibited content includes, but is not limited to, content that is defamatory, obscene, illegal, or infringes on any third-party rights. d.Scraping or Commercial Use of Site Content is Prohibited: You have no right to use, and you agree not to use, any content or materials on our Site for your own commercial purposes. You have no right to, and you agree not to, scrape, crawl, or employ any automated means to extract data from our Site. 7.Export Controls and Restricted Countries As a global company based in the United States, we are subject to and must comply with applicable export controls and economic sanctions laws and regulations, including those imposed by the United States and similar laws and regulations of the other jurisdictions where we operate (collectively, "Trade Controls"). You should familiarize yourself with these restrictions, regardless of your location or the location of the events hosted by you and published on our Site (“Your Events”). You represent and warrant, on a continuing basis, that: a.your use of the Services will at all times comply with all applicable Trade Controls; and b.you are not a person or entity that: i.is the target of applicable Trade Controls restrictions, including that you are not a person or entity that: 1.is listed on, or 50% or more owned or controlled by one or more persons or entities listed on, an applicable list of restricted or denied persons maintained by Trade Controls authorities, including without limitation the U.S. Office of Foreign Assets Control's Specially Designated Nationals List or Foreign Sanctions Evaders List; the U.S. Department of State's Terrorist Exclusion List; the Bureau of Industry and Security's Denied Persons List, the Entity List, or the Unverified List; the Consolidated List of Financial Sanctions Targets and the Investment Ban List maintained by His Majesty’s Treasury of the United Kingdom; the Consolidated List of Asset Freeze targets maintained by the European Union; and the Consolidated List published by the Australian Government Department of Foreign Affairs and Trade; or 2.is located, organized, resident in, or the government of, any country or territory that is, at any time, the target of country- or territory-wide sanctions (currently, Cuba, Iran, North Korea, Syria the Crimea region of Ukraine, the so-called Donetsk People’s Republic, and the so-called Luhansk People’s Republic) (collectively, “Restricted Areas”) (any such persons in (i) and (ii) a “Restricted Party”); and c.you will not use the Services in connection with any direct or indirect activities or dealings with or involving any Restricted Area or Restricted Party and will not otherwise use the Services in any manner that would cause The Upcoming Events, LLC to be in violation of applicable Trade Controls. 8.Intellectual Property a.Ownership: You agree that all content and materials on our Site may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. We may own the content on our Site, or portions of the content and materials on our Site may be made available to us through arrangements with third parties. Content and materials on our Site that is included in or made available through the Site is our exclusive property and is protected by copyright laws. You agree to use the content and materials on our Site only for purposes that are permitted by these Terms and any applicable local, state, provincial, national, or other law, rule, or regulation. Any rights not expressly granted in these Terms are reserved. You represent, warrant and agree that you own, or have obtained, all rights, title, and licenses (including any third party permissions and consents) necessary to the content that you post on our Site without the requirement of paying any additional fees, royalties, or compensation to any third party. b.License: You hereby grant us a royalty-free, worldwide, non-exclusive license to use, perform, distribute, display, transmit, modify, and reproduce the content that you post on our Site as reasonably required. c.Use of Site: The trademarks, service marks and logos of The Upcoming Events, LLC (the "TUE Trademarks") used and displayed in connection with our Site are registered and unregistered trademarks or service marks of The Upcoming Events, LLC. Other company, product, and service names used in connection with our Site may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, together with Eventbrite Trademarks, the "Trademarks"). Your license to use our Site does not include, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with our Site without our prior written consent specifically for each such usage. You may not reproduce, distribute, modify, or create derivative works based on our Site or its content without our prior written consent. You must not use the Trademarks to disparage us, any third party, or our or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. You must not use any Trademarks as part of a link to or from any website unless we approve such use by prior written consent specifically for each such link. All goodwill generated from the use of any TUE Trademark will inure to The Upcoming Events, LLC's benefit. Certain issued patents and patents pending apply to our Site. The content and materials on our Site may also be protected by copyrights owned by us and/or third parties. Please note that if you copy portions of our Site, you are violating these patent rights and copyrights. d.DMCA: If you are a copyright owner or an agent of a copyright owner and you believe that any content on our Site infringes your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA"), pursuant to the following procedures: i.Notification of Alleged Infringement: If you believe that content on our Site infringes your copyright, please provide us with a written notice containing the following information: 1.A Description of the Work: Identify the copyrighted work that you claim has been infringed. If multiple works are covered by a single notice, please provide a representative list of such works. 2.Description of the Infringing Material: Identify the material that you claim is infringing, including its location on our Site (e.g., URL). 3.Contact Information: Provide your name, address, phone number, and email address. 4.Statement of Authority: Include a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. 5.Statement of Accuracy: Include a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner. 6.Signature: Sign the notice. If you are sending the notice electronically, a scanned signature or typed name will suffice. 7.Please send your notice to: The Upcoming Events, LLC Attn: _______________________ Email: info@theupcomingevents.com Address: 201 W Fifth Ave, Unit 9 Knoxville, TN 37917 ii.Response to DMCA Notices: Upon receiving a valid DMCA notice, we will promptly remove or disable access to the allegedly infringing material. We will also notify the user who posted the content, providing them with an opportunity to respond. iii.Counter-Notification: If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification. Your counter-notification should include: 1.Identification of the Material: Identify the material that was removed or to which access was disabled and the location where it appeared before removal. 2.Statement of Good Faith: Include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification. 3.Contact Information: Provide your name, address, phone number, and email address. 4.Consent to Jurisdiction: Include a statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the United States, for any judicial district in which the Site may be found. 5.Signature: Sign the counter-notification. If you are sending the counter-notification electronically, a scanned signature or typed name will suffice. 6.Please send your counter-notification to our DMCA Agent at the contact information provided above. iv.Repeat Infringers: In appropriate circumstances, we may terminate the accounts of users who are determined to be repeat infringers. 9.Licensure If you are an event host, along with your other representations and warranties, you represent and warrant to us that: a.You will obtain all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") for your events. Licensure includes state, county, municipal, or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, fire marshal permits, authorization to receive minors, sanitary authorization, and property operation permits; b.You will comply, and will ensure that the venues for your events will comply, with all applicable laws, regulations, rules, and ordinances; c.You will maintain throughout the use of our Site the applicable Licensure to promote, produce, sponsor, host, and sell tickets for all of your events; and d.You will provide evidence of Licensure and related information prior to offering tickets or registrations for your events and promptly upon our reasonable request from time to time. We grant you a limited, non-exclusive, non-transferable, non-sublicensable revocable right to use our Site solely to: a.browse our Site and search for, view, and register for an event listed on our Site; and/or b.create event registration, profiles and other webpages to promote, market, manage, and track registration and attendance for an event. Your use of our Site must comply with these Terms and all applicable local, state, provincial, national and other laws, rules and regulations. 10.License Restrictions. In addition to any other restrictions, limitations, and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly: a.copy, modify, reproduce, translate, localize, port, or otherwise create derivatives of any part of our Site; b.reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of all or any part of our Site; c.remove or alter any proprietary notices on our Site; or d.engage in any activity that interferes with or disrupts our Site. 11.Termination We may suspend or terminate your right to use the Site at any time, including if: a.you violate or breach these Terms or any other agreement between you and us, or if you fail to pay any amounts when due; b.you misuse or abuse the Site, or use the Site in a way not intended or permitted by us; c.allowing you to access and use the Site would violate any applicable local, state, provincial, national, or other laws, rules and regulations or court order or would expose us to legal liability. We may choose to modify or replace any aspect of our Site, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to our Site, if we believe that failure to do so would materially prejudice you. You agree that we will not be liable to you or any third party as a result of our termination of your right to use or otherwise access our Site. 12.Deleting Your Account Except as agreed otherwise in a separate written agreement between you and us, you may terminate your access to our Site and the general applicability of Terms by deleting your account. See the link here [Link to instructions for deleting account] for information on deleting your account on our Site. If you are a Consumer using our Site without a registered account, your only option for these Terms to no longer apply is to stop accessing our Site indefinitely. So long as you continue to access our Site, even without an account, these Terms remain in effect. If there is a separate agreement between you and us governing your use of our Site and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of our Site after such termination or expiration. 13.Limitation of Liability The Site is provided “as is” and “as available” without warranties of any kind. We do not guarantee that the Site will be error-free or uninterrupted. To the fullest extent permitted by law, The Upcoming Events, LLC is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Site, including but not limited to loss of data or profits. Some jurisdictions do not allow the exclusion of certain warranties or conditions on, or the limitation of, liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you, and our liability is limited to the maximum extent permitted by law. 14.Disclaimer of Warranties To the extent allowed under applicable laws, our Site is provided on an "as is" and "as available" basis. The Upcoming Events, LLC expressly disclaims all warranties of any kind, express or implied, including implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, we make no warranty that: a.our Site (or any portion of our Site) will meet your requirements or expectations; b.access to our Site will be uninterrupted, timely, secure, or error-free; or c.the results that may be obtained from the use of our Site will be accurate or reliable. We have no control over and do not guarantee the (i) quality, safety, success, accuracy, or legality of any event or content on our Site associated with an event, or (ii) accuracy of any information provided by users of our Site. We are not liable for the acts or omissions of any third parties, including third parties that provide information on our Site or that you choose to use or contract with when using our Site. 15.Assumption of Risks You must assume risks that are inherent in attending live events. Some events may carry inherent risk and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events. 16.Application of Disclaimers The disclaimers in these Terms apply to the maximum extent permitted by law. If any warranties are required by applicable law, they will be limited to the shortest duration allowed. 17.Release You hereby agree to release us (and each of our respective officers, directors, agents, co-branders, licensors, payment processing partners, vendors, other partners, independent contractors and employees, the “Released Parties”) from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other users of our Site) in connection with any of the following: a.our Site or any event listed on our Site, including any events you post; b.your Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure; c.any information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content and materials that you contribute, provide, post, or make available using our Site, or that you otherwise contribute, provide, post or make available to us, or that you authorize us to use (“Your Content”); or d.or any trademarks, trade names, service marks, and logos that you contribute, provide, post, or make available using our Site, or that you otherwise contribute, provide, post or make available to us, or that you authorize us to use (“Your Trademarks”). In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY." 18.Indemnification You agree to defend, indemnify, and hold harmless the Released Parties from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: a.your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); b.your unauthorized use of our Site; c.your Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure; d.your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; e.our collection and remission of taxes; and f.if you are an event host, your events and Your Content and Your Trademarks, provided that in the case of (vii) this indemnification will not apply to the extent that the Claim arises out of The Upcoming Events, LLC’s's gross negligence or willful misconduct. We will provide notice to you of any such Claim, but our failure or delay in providing such notice will not limit your indemnification obligations except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, we may choose to handle the Claim ourselves, in which case you agree to cooperate with us in any way we request. 19.Governing Law These Terms are governed by and construed in accordance with the laws of Tennessee, without regard to its conflict of law principles. 20.IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED (EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED BELOW), OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. By using our Site and agreeing to these Terms, you agree that any disputes, claims, or controversies arising out of or related to your use of the website, these Terms, or any related matters (collectively, "Disputes") will be resolved through binding arbitration rather than in court. This arbitration agreement is intended to be broad and covers all claims and disputes that may arise between you and The Upcoming Events, LLC, including, but not limited to, those relating to our Site, its content, your use of our Site, these Terms, or any related agreements. a.Arbitration Process 1.Arbitrator Selection: The arbitration will be administered by the American Arbitration Association (AAA) or an equivalent alternative dispute resolution service. The arbitrator will be selected in accordance with the rules of the AAA or the chosen service, and will be a licensed attorney with experience in the subject matter of the dispute. 2.Rules and Procedures: The arbitration will be conducted in accordance with the AAA's Commercial Arbitration Rules (or the rules of the chosen arbitration service) in effect at the time of the dispute. The arbitration will be conducted in Knoxville, Tennessee, unless otherwise agreed by the parties. 3.Written Submission: Each party will have the opportunity to present written submissions and documents to the arbitrator, as well as to participate in a hearing if necessary. The arbitrator will issue a written decision and award, which will include findings of fact and conclusions of law. 4.Costs: Each party will bear its own costs and expenses in connection with the arbitration, including legal fees, except as may be required by applicable law or as determined by the arbitrator in accordance with the rules governing the arbitration. The costs of the arbitration, including administrative fees, will be shared equally between the parties unless otherwise required by law or determined by the arbitrator. b.Class Action Waiver: You agree that any arbitration will be conducted on an individual basis only, and not as a class, consolidated, or representative action. You and The Upcoming Events, LLC agree that each party may bring claims only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. c.Waiver of Jury Trial: By agreeing to arbitration, you waive any right to a jury trial for any Dispute. You acknowledge that you understand and accept this waiver. d.Your Right to Opt Out: You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above in this Section 20 by sending (from the email address we associate with you as a user of our Site) written notice of your decision to opt-out to info@theupcomingevent.com. Please include the following in the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of our Site or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of these provisions. Note that if you opt out of these arbitration provisions, The Upcoming Events, LLC also will not be bound by them. 21.Changes to Terms We may update these Terms from time to time. We will notify you of any significant changes by posting the updated Terms on our Site. Your continued use of our Site after any changes constitutes your acceptance of the new Terms. 22.Survival of Terms All provisions of these Terms that by their nature should survive termination of these Terms will survive (i.e., they will continue to apply to you) including all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property protections and licenses. 23.Contact Us If you have any questions about these Terms or our Site, please contact us at: The Upcoming Events, LLC Attn: _______________________ Email: info@theupcomingevents.com Address: 201 W Fifth Ave Knoxville, TN 37917
Privacy Policy Last updated August 30, 2024 This Privacy Notice for The Upcoming Events, LLC (doing business as TUE) ("we," "us," or "our"), describes how and why we might access, collect, store, use, and/or share ("process") your personal information when you use our services ("Services"), including when you: Visit our website at https://www.theupcomingevents.com, or any website of ours that links to this Privacy Notice Download and use our mobile application (The Upcoming Events), or any other application of ours that links to this Privacy Notice Use The ultimate travel destination website for various local events.. The Upcoming Events is the ultimate travel destination website for various local events. It offers things to do, thrilling concerts and lively festivals, exciting nightlife, delectable food experiences, captivating live entertainment, valuable networking opportunities, impactful charity events, and much more. Engage with us in other related ways, including any sales, marketing, or events Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal information is processed. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at info@theupcomingevents.com. SUMMARY OF KEY POINTS This summary provides key points from our Privacy Notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for. What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us. Do we process any sensitive personal information? Some of the information may be considered "special" or "sensitive" in certain jurisdictions, for example your racial or ethnic origins, sexual orientation, and religious beliefs. We do not process sensitive personal information. Do we collect any information from third parties? We may collect information from public databases, marketing partners, social media platforms, and other outside sources. Learn more about information collected from other sources. How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information. In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information. How do we keep your information safe? We have adequate organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe. What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights. How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws. Want to learn more about what we do with any information we collect? Review the Privacy Notice in full. TABLE OF CONTENTS 1. WHAT INFORMATION DO WE COLLECT? 2. HOW DO WE PROCESS YOUR INFORMATION? 3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION? 4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION? 5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES? 6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? 7. HOW DO WE HANDLE YOUR SOCIAL LOGINS? 8. HOW LONG DO WE KEEP YOUR INFORMATION? 9. HOW DO WE KEEP YOUR INFORMATION SAFE? 10. DO WE COLLECT INFORMATION FROM MINORS? 11. WHAT ARE YOUR PRIVACY RIGHTS? 12. CONTROLS FOR DO-NOT-TRACK FEATURES 13. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS? 14. DO WE MAKE UPDATES TO THIS NOTICE? 15. HOW CAN YOU CONTACT US ABOUT THIS NOTICE? 16. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU? 1. WHAT INFORMATION DO WE COLLECT? Personal information you disclose to us In Short: We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us. Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following: names phone numbers email addresses mailing addresses usernames contact preferences billing addresses debit/credit card numbers passwords Sensitive Information. We do not process sensitive information. Payment Data. We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is handled and stored by Wix.com Privacy Policy. You may find their privacy notice link(s) here: https://www.wix.com/about/privacy. Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, X, or other social media account. If you choose to register in this way, we will collect certain profile information about you from the social media provider, as described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS?" below. Application Data. If you use our application(s), we also may collect the following information if you choose to provide us with access or permission: Geolocation Information. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings. Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed. Push Notifications. We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings. This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information. Information automatically collected In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services. We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes: Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings). Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information. Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services. Google API Our use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements. Information collected from other sources In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources. In order to enhance our ability to provide relevant marketing, offers, and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, social media platforms, and from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs, and custom profiles, for purposes of targeted advertising and event promotion. If you interact with us on a social media platform using your social media account (e.g., Facebook or X), we receive personal information about you from such platforms such as your name, email address, and gender. You may have the right to withdraw your consent to processing your personal information. Learn more about withdrawing your consent. Any personal information that we collect from your social media account depends on your social media account's privacy settings. Please note that their own use of your information is not governed by this Privacy Notice. 2. HOW DO WE PROCESS YOUR INFORMATION? In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your personal information for a variety of reasons, depending on how you interact with our Services, including: To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order. To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service. To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service. To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information. To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services. To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user. To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm. 3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION? In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests. If you are located in the EU or UK, this section applies to you. The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information: Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent. Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you. Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved. Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person. If you are located in Canada, this section applies to you. We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time. In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example: If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way For investigations and fraud detection and prevention For business transactions provided certain conditions are met If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim For identifying injured, ill, or deceased persons and communicating with next of kin If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced If the collection is solely for journalistic, artistic, or literary purposes If the information is publicly available and is specified by the regulations 4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION? In Short: We may share information in specific situations described in this section and/or with the following third parties. We may need to share your personal information in the following situations: Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). Google Maps uses GPS, Wi-Fi, and cell towers to estimate your location. GPS is accurate to about 20 meters, while Wi-Fi and cell towers help improve accuracy when GPS signals are weak, like indoors. This data helps Google Maps provide directions, but it is not always perfectly precise. We obtain and store on your device ("cache") your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document. Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us. Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions. 5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES? In Short: We are not responsible for the safety of any information that you share with third parties that we may link to or who advertise on our Services, but are not affiliated with, our Services. The Services may link to third-party websites, online services, or mobile applications and/or contain advertisements from third parties that are not affiliated with us and which may link to other websites, services, or applications. Accordingly, we do not make any guarantee regarding any such third parties, and we will not be liable for any loss or damage caused by the use of such third-party websites, services, or applications. The inclusion of a link towards a third-party website, service, or application does not imply an endorsement by us. We cannot guarantee the safety and privacy of data you provide to any third-party websites. Any data collected by third parties is not covered by this Privacy Notice. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Services. You should review the policies of such third parties and contact them directly to respond to your questions. 6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? In Short: We may use cookies and other tracking technologies to collect and store your information. We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions. We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites. To the extent these online tracking technologies are deemed to be a "sale"/"sharing" (which includes targeted advertising, as defined under the applicable laws) under applicable US state laws, you can opt out of these online tracking technologies by submitting a request as described below under section "DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?" Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice. 7. HOW DO WE HANDLE YOUR SOCIAL LOGINS? In Short: If you choose to register or log in to our Services using a social media account, we may have access to certain information about you. Our Services offer you the ability to register and log in using your third-party social media account details (like your Facebook or X logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform. We will use the information we receive only for the purposes that are described in this Privacy Notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps. 8. HOW LONG DO WE KEEP YOUR INFORMATION? In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by law. We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. 9. HOW DO WE KEEP YOUR INFORMATION SAFE? In Short: We aim to protect your personal information through a system of organizational and technical security measures. We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment. 10. DO WE COLLECT INFORMATION FROM MINORS? In Short: We do not knowingly collect data from or market to children under 18 years of age. We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at https://www.info@theupcomingevents.com. 11. WHAT ARE YOUR PRIVACY RIGHTS? In Short: Depending on your state of residence in the US or in some regions, such as the European Economic Area (EEA), United Kingdom (UK), Switzerland, and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time, depending on your country, province, or state of residence. In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. We will consider and act upon any request in accordance with applicable data protection laws. If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority. If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner. Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below or updating your preferences. However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying "STOP" or "UNSUBSCRIBE" to the SMS messages that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. Account Information If you would at any time like to review or change the information in your account or terminate your account, you can: Log in to your account settings and update your user account. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements. Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. You may also opt out of interest-based advertising by advertisers on our Services. If you have questions or comments about your privacy rights, you may email us at info@theupcomingevents.com. 12. CONTROLS FOR DO-NOT-TRACK FEATURES Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice. California law requires us to let you know how we respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time. 13. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS? In Short: If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below. Categories of Personal Information We Collect We have collected the following categories of personal information in the past twelve (12) months: Category Examples Collected A. Identifiers Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name NO B. Personal information as defined in the California Customer Records statute Name, contact information, education, employment, employment history, and financial information NO C. Protected classification characteristics under state or federal law Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data YES D. Commercial information Transaction information, purchase history, financial details, and payment information NO E. Biometric information Fingerprints and voiceprints NO F. Internet or other similar network activity Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements YES G. Geolocation data Device location YES H. Audio, electronic, sensory, or similar information Images and audio, video or call recordings created in connection with our business activities NO I. Professional or employment-related information Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us NO J. Education Information Student records and directory information NO K. Inferences drawn from collected personal information Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics NO L. Sensitive personal Information NO We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of: Receiving help through our customer support channels; Participation in customer surveys or contests; and Facilitation in the delivery of our Services and to respond to your inquiries. We will use and retain the collected personal information as needed to provide the Services or for: Category C - As long as the user has an account with us Category F - As long as the user has an account with us Category G - As long as the user has an account with us Category H - As long as the user has an account with us Sources of Personal Information Learn more about the sources of personal information we collect in "WHAT INFORMATION DO WE COLLECT?" How We Use and Share Personal Information Learn about how we use your personal information in the section, "HOW DO WE PROCESS YOUR INFORMATION?" Will your information be shared with anyone else? We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Learn more about how we disclose personal information to in the section, "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?" We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information. We have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We will not sell or share personal information in the future belonging to website visitors, users, and other consumers. Your Rights You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include: Right to know whether or not we are processing your personal data Right to access your personal data Right to correct inaccuracies in your personal data Right to request the deletion of your personal data Right to obtain a copy of the personal data you previously shared with us Right to non-discrimination for exercising your rights Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling") Depending upon the state where you live, you may also have the following rights: Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including California's and Delaware's privacy law) Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including Oregon’s privacy law) Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California’s privacy law) Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida’s privacy law) How to Exercise Your Rights To exercise these rights, you can contact us by submitting a data subject access request, by emailing us at https://www.info@theupcomingevents.com, by visiting https://www.theupcomingevents.com/contact-us, or by referring to the contact details at the bottom of this document. Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws. Request Verification Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf. Appeals Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at info@theupcomingevents.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general. California "Shine The Light" Law California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" 14. DO WE MAKE UPDATES TO THIS NOTICE? In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws. We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information. 15. HOW CAN YOU CONTACT US ABOUT THIS NOTICE? If you have questions or comments about this notice, you may email us at https://www.info@theupcomingevents.com or contact us by post at: The Upcoming Events, LLC 201 W. Fifth Ave Unit 9 Knoxville, TN 37917 United States 16. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU? Based on the applicable laws of your country or state of residence in the US, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please fill out and submit a data subject access request.
End User License Agreement Last updated August 30, 2024 The Upcoming Events is licensed to You (End-User) by THE UPCOMING EVENTS, LLC, located and registered at 201 W. Fifth Ave, Unit 9, Knoxville, Tennessee 37917, United States ("Licensor"), for use only under the terms of this License Agreement. By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services." The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. THE UPCOMING EVENTS, LLC, not the Services, is solely responsible for the Licensed Application and the content thereof. This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). THE UPCOMING EVENTS, LLC acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them. The Upcoming Events when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. The Upcoming Events is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android"). TABLE OF CONTENTS 1. THE APPLICATION 2. SCOPE OF LICENSE 3. TECHNICAL REQUIREMENTS 4. MAINTENANCE AND SUPPORT 5. USE OF DATA 6. USER-GENERATED CONTRIBUTIONS 7. CONTRIBUTION LICENSE 8. LIABILITY 9. WARRANTY 10. PRODUCT CLAIMS 11. LEGAL COMPLIANCE 12. CONTACT INFORMATION 13. TERMINATION 14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY 15. INTELLECTUAL PROPERTY RIGHTS 16. APPLICABLE LAW 17. MISCELLANEOUS 1. THE APPLICATION The Upcoming Events ("Licensed Application") is a piece of software created to Discover a wide range of exciting events happening across the USA! — and customized for iOS and Android mobile devices ("Devices"). It is used to The ultimate travel destination website for various local events.. The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA). 2. SCOPE OF LICENSE 2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing. 2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern. 2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with THE UPCOMING EVENTS, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application. 2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with THE UPCOMING EVENTS, LLC's prior written consent). 2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so. 2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages. 2.7 Licensor reserves the right to modify the terms and conditions of licensing. 2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions. 3. TECHNICAL REQUIREMENTS 3.1 The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware. 3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update. 3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above. 3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time. 4. MAINTENANCE AND SUPPORT 4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application. 4.2 THE UPCOMING EVENTS, LLC and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. 5. USE OF DATA You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://www.theupcomingevents.com/privacy-policy. You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you. 6. USER-GENERATED CONTRIBUTIONS The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: 1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement. 3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement. 4. Your Contributions are not false, inaccurate, or misleading. 5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. 9. Your Contributions do not violate any applicable law, regulation, or rule. 10. Your Contributions do not violate the privacy or publicity rights of any third party. 11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation. Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application. 7. CONTRIBUTION LICENSE By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 8. LIABILITY 8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application. 9. WARRANTY 9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation. 9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of THE UPCOMING EVENTS, LLC's sphere of influence that affect the executability of the Licensed Application. 9.3 You are required to inspect the Licensed Application immediately after installing it and notify THE UPCOMING EVENTS, LLC about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery. 9.4 If we confirm that the Licensed Application is defective, THE UPCOMING EVENTS, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery. 9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty. 9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers. 10. PRODUCT CLAIMS THE UPCOMING EVENTS, LLC and the End-User acknowledge that THE UPCOMING EVENTS, LLC, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit. 11. LEGAL COMPLIANCE You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties. 12. CONTACT INFORMATION For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: The Upcoming Events 201 W. Fifth Ave Unit 9 Knoxville, TN 37917 United States info@theupcomingevents.com 13. TERMINATION The license is valid until terminated by THE UPCOMING EVENTS, LLC or by You. Your rights under this license will terminate automatically and without notice from THE UPCOMING EVENTS, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application. 14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY THE UPCOMING EVENTS, LLC represents and warrants that THE UPCOMING EVENTS, LLC will comply with applicable third-party terms of agreement when using Licensed Application. In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof. 15. INTELLECTUAL PROPERTY RIGHTS THE UPCOMING EVENTS, LLC and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, THE UPCOMING EVENTS, LLC, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims. 16. APPLICABLE LAW This License Agreement is governed by the laws of the State of Tennessee excluding its conflicts of law rules. 17. MISCELLANEOUS 17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. 17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
Disclaimer Last updated August 30, 2024 WEBSITE DISCLAIMER The information provided by The Upcoming Events, LLC ("we," "us," or "our") on https://www.theupcomingevents.com (the "Site") and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK. EXTERNAL LINKS DISCLAIMER The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. PROFESSIONAL DISCLAIMER The Site cannot and does not contain health, fitness, legal, & medical advice. The health, fitness, legal, & medical information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of health, fitness, legal, & medical advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK. TESTIMONIALS DISCLAIMER The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.