Terms of Use

Ptownevents.com TERMS OF USE

Introduction: These Terms of Use (the “Agreement”) are entered into effective between Experient Interactive and Design, LLC. (“Experient”), the publisher of ptownevents.com (“Ptownevents”), and the entity using our services and/or website (both the individual user of the site and any entity whom the individual user represents is referenced as “User” or “You” in this Agreement). By using this website or the services available on this website, or, if requested, clicking to indicate your acceptance of our terms of use, you are confirming your understanding and acceptance of these terms and represent that you are authorized to accept them on behalf of the organization using Experient’s services.

Please read this Agreement carefully as it sets forth the legally binding terms for your use of Ptownevents.com (the “site”). By continuing on and using the site, you agree to be bound by this Agreement and our Privacy Policy. You are only authorized to use the site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you do not agree with the terms of this Agreement, you should discontinue use of this site. Experient may amend this Agreement at any time in its sole discretion.

Conduct of Users. You agree that you are solely responsible for your use of the site. Please be respectful and do not violate reasonable ethical, moral or professional standards in any content that is uploaded, posted, or distributed.

While Experient has the right to monitor activity and content associated with the site, it is not obligated to do so. Experient may investigate complaints that come to its attention regarding the site and may take any action that it believes is appropriate. However, because situations and interpretations vary, Experient also reserves the right not to take any action. If at any time Experient chooses, in its sole discretion, to review the site and postings for content, Experient reserves the right, in its sole discretion, to reject, refuse to post or remove any posting, or to restrict, suspend, or terminate access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability. Users of the site may be able to register as users for access to other portals or services and such access may be subject to additional terms and conditions.

Experient may have links to other websites from the site, and does not control these other websites. If you have any questions about something posted on the site, or a link from the site, or if you become aware of misuse of the site by any person, please contact Experient.

Intellectual Property Rights: The site, including all graphics, features, content, material, programs, analytics, information and compilations on the site is protected by various laws, including trademark, trade secret, copyright and patent laws. You agree that Experient retains all rights and title to the Ptownevents.com Proprietary Content, including photographs taken by, or licensed to Experient for use on the site.

The Ptownevents.com Proprietary Content is subject to restrictions on its use without the consent of Experient and as allowed by Experient. Ptownevents.com Proprietary Content is intended to be used for authorized purposes only as detailed in a written license agreement between you and Experient (such as a services agreement with Experient), in accordance with the terms or such license agreement, and any other use is specifically prohibited. You are not authorized to use the Ptownevents.com Proprietary Content for other purposes and may not de-compile, decrypt or disassemble any source code or other Ptownevents.com Proprietary Content. You should not remove any notices or other information on the Ptownevents.com Proprietary Content, nor use this Ptownevents.com Proprietary Content for any other purpose, and you should not post, forward or copy Ptownevents.com Proprietary Content.

Claims of Copyright Infringement: Experient respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to the copyright contact listed below: (A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (B) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (D) Information reasonably sufficient to permit us to contact the complaining party; (E) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright contact information: Gregg Almquist, Experient Interactive & Design, LLC, PO Box 255 Provincetown, MA 02657. Email: [email protected]

No Warranties: This site and the content made available on the site are provided on an “as is” and “as available” basis. Experient does not make any express or implied warranties or representations with regard to the site, or its content, or on the internet generally. Experient disclaims any warranty that the site, or any information contained therein, will be free of infection or viruses, worms, trojan horses, time bombs, cancel-bots, or other computer programming that is intended to damage, interfere with, or wrongfully intercept any system, data, or personal information.
This site may be unavailable from time to time so that it may be maintained and upgraded.

Limitation of Liability; Severability; No Waiver; Governing Law; Entire Agreement: To the greatest extent allowed by law, Experient specifically disclaims any liability for any damages arising out of or in any way connected with your access to or use of the site, including damages that are caused by Experient’s negligence. In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Experient at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision. No delay or failure by Experient in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
Any claim relating to this web site shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.

Indemnification: To the greatest extent allowed by law, you agree to defend, indemnify, and hold harmless Experient, its employees, agents, successors and assigns from and against all claims, suits, penalties, fines, liabilities and expenses, including reasonable attorneys’ fees, arising out of your use of this site, your violations of applicable laws or violations of your obligations of privacy to any person.

Arbitration: You and Experient both agree to resolve any and all disputes, controversies or claims that in any way arise out of or relate to these terms of use (“Disputes”) only by arbitration on an individual basis. By using the site and agreeing to these terms, you agree that arbitration will be the sole and exclusive means of resolving any dispute between you and Experient, and you are giving up the right to proceed with any class action or other representative action. Any arbitration will be administered by the American Arbitration Association (“AAA”). The AAA will apply the commercial arbitration rules to the arbitration of any Dispute.

Please contact us at [email protected] with any questions, feedback or to report any problems.