WhenNow™ by Active Data, Inc.
Last Revised: May 10, 2016
1.1. WhenNow is a service (“WhenNow” or the “Service”) of our company Active Data, Inc. (“Active Data”, “us”, “our” or “we”). WhenNow is Software as a Service (SaaS) that lets users organize events (“Organizer”) and attend events (“Attendee”). Each event Organizer may create, manage, promote, sell tickets, collect fees, and account for events in accordance with our Terms of Service. WhenNow also enables event Attendee users to purchase or otherwise obtain tickets, passes or rights to attend events of interest. Users of all types may use our Service to promote events to others through various means including through certain third party social media services and applications.
1.2. “Terms of Service”, “Referenced Policies” and other “Agreements”, collectively our “Terms”, all relate to the proper, responsible and legal use of our services by users. A “user” (or “you” or “your”) is a person or organization that interacts with our software products or Service, in any way. You are a user when you interact with our Service to create an event as an event Organizer. You interact with our Service as a user when you buy a ticket or make a transaction through our Service as an Attendee. You interact with our Service as a user when you log-in or sign-up for WhenNow, and then just browse through our website or application, even if you do not use our Service for any other purpose.
1.3. If you use our Service in any way, it is important that you read these Terms and understand them. As an event Organizer, you agree to these Terms by registering, signing up or logging in. If you are an Attendee, you agree to these Terms by purchasing any item offered for sale, making any donation or by registering for any event, even if that event is free. By agreeing to these Terms, you agree to be bound by all of the provisions of these Terms including our policies that are incorporated by reference. If you do not agree, please do not register, log-in, or use any of our services.
1.4. If you agree to these Terms on behalf of a company or organization, you represent to us that you have actual authority to bind the company or organization to these Terms.
1.5. Active Data may provide an updated version of these Terms to you directly by email or other forms of communication that you have registered with us, or by posting it on our website at https://www.events.WhenNow.com/policies. If you choose not to be bound by any new or subsequent version of these Terms, please terminate your WhenNow account promptly thereafter and settle any monetary commitments you may have with us. If you do not terminate your account prior to a new version of the Terms taking effect, the most recent version of these Terms prior to the termination of your account shall remain in effect.
1.6. The following policies and other documents (each, a “Schedule”) are incorporated into the Terms by reference as if fully set forth here:
1.6.2. WhenNow Privacy Policy
1.6.3. WhenNow Attendee Refund Policy
1.6.4. WhenNow DCMA and Copyright Policy
1.6.5. WhenNow Merchant Agreement for Event Organizers
2. Copyright
2.1. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. Copyright laws are complex; content may be used without the copyright owner’s permission in certain instances. Copyright is the legal right of people to prevent others from copying their works. Copyright infringement is the unauthorized, or unlicensed, copying of a work subject to copyright. (See 17 U.S.C. §501 et seq)
2.2. Active Data handles all copyright complaints presented to us pursuant to the Digital Millennium Copyright Act (“DMCA”). It is important to know that these procedures must be adhered to without exception. Please be aware that you may be liable for damages (including costs and attorneys’ fees) if you misrepresent information in a submitted DMCA notice.
3. Written Notice of Copyright Infringement
3.1. To adhere to applicable laws your written notice must include the following:
3.1.1. Provide evidence of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed.
3.1.2. Provide sufficient contact information so that we may contact you. You must also include a valid email address.
3.1.3. You must identify in sufficient detail the copyrighted work and material claimed to have been infringed. Enough detail must be provided for Active Data to locate the material or works in question.
3.1.4. 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.
3.1.5. 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.
3.1.6. Must be signed electronically or signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed.
3.1.7. Written notice is required to be sent to our designated agent; please send via email or certified mail. If Active Data does not acknowledge receipt within three (3) business days, please call us and as to speak to the Privacy and Compliance Officer
DMCA Agent
c/o Active Data Inc Inc.
190 Brodhead Road – Suite 300
Bethlehem PA 18017
legal@activedata.com
(610) 997-8100