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Terms of Service

The following describes the terms by which TRI7 Productions Inc., owner and creator of the Detroit EventFinder service, offers you access to our website, platform and services:

1. Acceptance of Terms

Detroit EventFinder provides a collection of online resources, including search, browse, user profile pages, community pages, event detail pages, comments, link sharing, tags, calendar tools, (collectively referred to hereafter as "the Service") subject to the following Terms of Service ("Terms"), which may be updated by Detroit EventFinder from time to time. Detroit EventFinder will provide notice of materially significant changes to the Term by posting notice on the Detroit EventFinder site. You can review the most current version of the Terms at: http://www.detroiteventfinder.com/site-information/termsofservice

By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Detroit EventFinder services, you agree to abide by any applicable posted guidelines for all Detroit EventFinder services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

2. Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Detroit EventFinder does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and Content available through the Service may contain links to other websites, which are completely independent of Detroit EventFinder. Detroit EventFinder makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Detroit EventFinder be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Eventful does not pre-screen or approve Content, but that Detroit EventFinder shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

3. Detroit EventFinder Communications

In the course of providing you services, Detroit EventFinder will communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Detroit EventFinder Service, including but not limited to notifications about performers and events you've expressed interest in. Detroit EventFinder will use the email address you provide to register you to use our Services, to verify your authority to use certain features of our Site and Services, to deliver certain services and notices based on the email settings you have selected, or to improve and tailor the content and general administration of our Site and Services.

4. Conduct and Responsibilities.

You are solely responsible for your conduct and any Content that you submit, post, and display on the Service.
You are responsible for any activity or Content associated with your screen name.
You are responsible for keeping your password secure.
You must be 13 years of age or older to use the Service.
You must not submit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way.
You must not submit Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
You must not submit Content that impersonates any person or entity, including, but not limited to, an Detroit EventFinder employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
You must not submit Content that includes non-public personal or identifying information about another person without that person's explicit consent.
You must not submit Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".
You may not use the Service for any illegal or unauthorized purpose.
International users agree to comply with all local laws regarding online conduct and acceptable content.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Detroit EventFinder.
You must not create or submit unwanted email to any Detroit EventFinder users ("SPAM").
You must not create or submit intentionally false or misleading information.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must get express authorization from Detroit EventFinder before you can use any portion of the Service, including any Content for any commercial purpose.
Violation of any of these terms will result in the termination of your Detroit EventFinder account. While Detroit EventFinder prohibits such conduct and content on its site, you understand and agree that Detroit EventFinder cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Service at your own risk.

5. General Conditions

We reserve the right to modify or terminate all or any portion of the Service for any reason, without notice at any time.

We reserve the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you via email (if you've provided us with your email address) as well as on the Terms page itself. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.

Detroit EventFinder does not represent or warrant that its services are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete or otherwise valid. Detroit EventFinder services are provided "as is" with no warranty, express or implied, of any kind and Detroit EventFinder expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and or non-infringement. In addition, Detroit EventFinder expressly disclaims any and all representations and warranties that any events will occur or that any performers will perform or fulfill any stated or implied promises or commitments relating to Detroit EventFinder. Detroit EventFinder shall not, under any circumstances, be liable to users for any indirect, incidental, consequential special or exemplary damages arising out of or in connection with the use of Detroit EventFinder. To the maximum extent permitted by applicable law, users hereby release and waive all claims against Detroit EventFinder, and its affiliates, officers, agents, licensors, shareholders and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to use of Detroit EventFinder.

6. Copyright

Although Detroit EventFinder does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to Detroit EventFinder an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Detroit EventFinder agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at copyright at DetroitEventFinder.com, or:

Please provide our Agent with the following Notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed.
Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the website.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
Your address, telephone number, and email address and
Your physical or electronic signature.

Detroit EventFinder Agent will forward this information to the alleged infringer.

7. Privacy and Information Disclosure

Detroit EventFinder has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.detroiteventfinder.com/site-information/privacypolicy. Your use of Detroit EventFinder's website(s) or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that Detroit EventFinder may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, time-stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process, enforce these Terms, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of Eventful, its users, or the general public.

8. No Spam Policy

You understand and agree that sending unsolicited email advertisements to Detroit EventFinder email addresses or through Eventful computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Illinois. Any unauthorized use of Detroit EventFinder computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act. Such violations may subject the sender and his or her agents to civil and criminal penalties.

9. Termination of service

You agree that Detroit EventFinder, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Detroit EventFinder believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Eventful shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.

10. Disclaimer of Warranties

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, EVENTFUL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, EVENTFUL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, EVENTFUL DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

11. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL DETROIT EVENTFINDER OR ITS AFFLIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DETROIT EVENTFINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

12. Indemnity

You agree to indemnify and hold Detroit EventFinder, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

13. General information

The Terms constitute the entire agreement between you and Detroit EventFinder and govern your use of the Service, superseding any prior agreements between you and Detroit EventFinder. The Terms and the relationship between you and Detroit EventFinder shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and Detroit EventFinder agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Macomb, Michigan. The failure of Detroit EventFinder to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within three (3) months after such claim or cause of action arose or be forever barred.

14. Violations of Terms and Liquidated Damages

Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to abuse at detroiteventfinder.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

15. Premium Services Membership Refund Policy

We do not refund Donations, Services, or membership fees. All Sales are Final, unless there is an internal billing error.

General:

The Detroit Eventfinder Refund Policy is in place due to an increasing abuse of credit card 'chargeback’s' and 'theft of information' currently taking place over the Internet. Detroit Eventfinder Refund Policies, Guidelines and Procedures help to protect Detroiteventfinder.com and its affiliates.

The Premium Services Membership Refund Policy are subject to change at any time. Notice is deemed given when published and made available to you on the Detroit EventFinder web site, Terms of Service.

Policy:

1. We do not refund Donations, Services, or membership fees. Individuals which attempt to use our members-only Service to Event Spam, cause harm or disruption to other community members, or attempt to collect information from other members, then cancel their Membership and expect to be refunded. This is unacceptable and violation of the Terms of Service. Account sharing is also not acceptable. You are responsible for your account.

2. Please understand that Detroit Eventfinder DOES offer consumers a FREE Service. Any Refund Requests similar to the examples provided for your reference below are 100% unacceptable and WILL NOT result in your Membership fee(s) being refunded. In the event your are requesting a refund for ANY reasons similar to the examples provided for your reference below, we recommend cancelling your Membership immediately to AVOID any future charges on your Billing Account with our company. If you need help with this, please contact Member Services.

3. Please understand that PRIOR to registering for Membership and/or Premium Service, you agree that you have READ and UNDERSTAND all our web site's Policies including without limitation to: (TOS) Terms of Service, Billing/Cancellation Policy, Refund Policy, IP Address Usage Policy, Electronic Signature Policy, Age Verification Policy and Service Description.

Misconception of Services Rendered:

If you are requesting a refund on the basis that you did not understand the Premium Service being offered, your Refund Request will be DENIED.

"Premium Services have detailed descriptions in addition to many validation points during your checkout process. Additionally, all members can contact Customer Service at any time by completing an Online form for more information."

Lack of Permission or Knowledge of Membership Auto-Renewal:

Detroit Eventfinder does not offer Auto-renewal services. All Premium Services are one-time fees and billed upon members request using our shopping cart system.

Accidental Registration Error:

If you are requesting a refund due to the fact that you accidently signed up for a Premium Service, your Refund Request will be DENIED.

Detroit Eventfinder does not accept 'accidental signup errors' as an excuse or reason which will result in your Premium Service Membership fee being refunded.
Please note and understand that Detroit Eventfinder identifies, monitors and tracks your computer's unique IP Address while on our web site. This tracking includes your access and use of our members-only Service.

IP Address Usage Policy, for Premium Service Members:

Detroit Eventfinder will not disclose any of its web site visitor's unique IP addresses, unless a fraudulent "chargeback" is incurred by our company, TRI7Productions,LLC. In the event a fraudulent "chargeback" is incurred, TRI7Productions,LLC Risk Management Teams, reserve the right to disclose any individual's unique IP address which is responsible for any such fraudulent activity.

Please understand that all third-parties in which Detroit Eventfinder may share unique IP addresses with adhere to and abide by their own Privacy Policies. Detroit Eventfinder will only disclose unique IP addresses during a "chargeback" rebuttal, recovery or prevention process."

Early Cancellation of Membership:

If you are requesting a refund due to the fact that you cancelled your Detroit Eventfinder Membership moments after signing up and you are claiming that Detroit Eventfinder Premium Services were of no use or benefit to you, please understand your Refund Request will be DENIED.

No Membership cancellation entitles ANY User of our members Premium Service to a REFUND. A Membership cancellation ONLY prevents ANY future charges on a User's Billing Account from occurring.

Underage Minor Conducted Transaction:

If you are requesting a refund because you are claiming an underage child was responsible for your transaction your Refund Request will be DENIED.

Prior to registering for Detroit Eventfinder Membership you hereby affirm, under the penalties of perjury pursuant to Title 28 U.S.C. - 1746, that you are currently over the age of 18 years old. You also agree that this transaction is governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act), 15 U.S.C. - 7001, et seq.
This information is provided in an effort to comply with the Child Online Protection Act (COPA) and related state law. Providing a false declaration under the penalties of perjury is a criminal offense. This document constitutes an un-sworn declaration under federal law. You may submit a paper copy of this transaction and print this form for your personal records.
Detroit Eventfinder will not be held liable for issuing refunds to ANY User which claims their underage child signed up for our Service."

Lost or Stolen Credit Card:

If you are requesting a refund because your credit card was lost and/or stolen and you are claiming that you were not responsible for the transaction which took place on Detroit Eventfinder, your Refund Request will be DENIED.

Detroit Eventfinder uses PayPal for all online transactions. This method of payment to purchase goods requires user intervention which only you can verify. Additionally, you must also be logged in with your account.
Detroit Eventfinder also utilizes IP tracking solutions which allows the ability to cross-reference your ISP's (Internet Service Provider's) geographic location with the geographic location of the computer which you used when conducting your original transaction on our web site. We may also be able to prove that your unique email address cooridnates with that of your ISP (Internet Service Provider).

Authorization of Transaction:

If you are requesting a refund because you are claiming that you did not authorize the transaction or agree to our web site's TOS (Terms of Service) your Refund Request will be DENIED.

As part of any transaction, you are emailed electronic signature confirmation emails.

Disclosure of Electronic Signatures:

Detroit Eventfinder reserves the right to disclose ANY member's electronic signature in the event a 'chargeback' is incurred by our company. Detroit Eventfinder will NEVER disclose ANY member's electronic signature UNLESS a member's already-collected Detroit Eventfinder membership fee is 'reversed' out of our financial institution(s), as a result of a 'chargeback'. In the event ANY 'chargeback' is incurred , Detroit Eventfinder Risk Management Department will build a 'Chargeback Dispute Case File' which WILL contain the member's electronic signature and WILL be disclosed to select third-parties before, during or after what is often referred to as a 'Chargeback Rebuttal Process'.

Proof of Purchase Regulation Notice:

On June 30, 2000, President Clinton signed into law the Electronic Records and Signatures in Commerce Act (or Electronic Signatures Act). The president signed the act both electronically and using the more traditional pen-and-ink. The Electronic Signatures Act (Public Law No: 106-229) went into effect on October 1, 2000 and gives electronic contracts the same weight as those executed on paper."

Email Address Validation:

If you are requesting a refund because you are claiming that you never received any form of email communication from Detroit Eventfinder, your Refund Request will be DENIED.

Detroit Eventfinder issues ALL Users of our Service Email Validation Codes which must be entered and verified on our Registration page before prior to their ability to access and/or use our members-only Service.

Risk Management and Fraud Prevention:

Detroit Eventfinder Technical Staff closely monitors ALL of our web site's traffic, on a daily basis. Detroit Eventfinder identifies, monitors and tracks ALL of our web site visitor's unique IP Addresses. Detroit Eventfinder server logs can determine that a User has successfully gained access to our members-only Service by logging into our members-only section. RxPop.com can also determine how many times a User has successfully logged into our members-only section and for exactly what lengths of time a User was logged in for and when.

You agree that TRI7Productions,LLC will pursue FULL REVERSAL of ANY fraudulent 'chargeback' our we may incur.

Fraudulent Chargeback’s Terms and Conditions:

1. You understand that Detroit Eventfinder does not tolerate fraudulent "chargeback’s" and will proceed to collect by any means necessary.

2. You are responsible for attorney's fees, fees for collection agencies or third party intervention if you fraudulently charge back or do not pay monies owed to Detroit Eventfinder.

If you charge back fraudulently, you will owe TRI7Productions,LLC $1000 plus legal, chargeback fees, and amount owed.
Detroit EventFinder will also have the incident reported to various Anti-Fraud Databases, which will attempt to prevent any furture purchases on the Internet made on your behalf, when using the same form of payment which you used when signing up for your Detroit EventFinder Membership Services.

Site Availablity:

Detroit Eventfinder does not guarantee 24x7 uptime. You acknowledge that Detroit Eventfinder could be offline for a period of time, sold, or terminated at any time.

If DetroitEventfinder.com site closes, shutdown, removes service, generally considered "out of business" and you purchased a Premium Service within 6 days prior of the site closure, you will be refunded 100% minus any processing or bank service charges, typically 8%.