(January 10, 2017)
“You” and “your” refer to you, whether an individual or an enterprise, as a user of our website, and includes Venues and Vendors who use our website in any manner. A “user” is someone who accesses, browses, crawls, scrapes, surfs, or in any way uses the website. “We”, “us”, and “our” refer to 3D Event Designer. “Venues” and “Vendors” refer to the various entities listed on our website as potential providers of goods and services to our website users.
If you are located outside of the United States, please note that our website is hosted on computer servers in the United States. Any personal information collected through our website may therefore be transferred to the United States and other countries that might not provide an equivalent level of protection as the data protection laws in your home country. Your use of our website and/or your submission of any personal information therefore constitutes your consent to the transfer of your personal information outside of your home country.
What Type of Information Do We Collect?
You can browse our website and read content without registering or providing any personal information. When we collect personal information from you, however, it is because you voluntarily submit the information to us in order to participate in activities like using our website’s services and tools, or to participate in forums, chats or bulletin boards, fee-for-use purchases, subscription registrations, etc. For example, in order to take advantage of some of our special programs, you are required to provide us with some personal information applicable to credit card purchases. In addition, during your registration process, we collect such items as a user name and/or email address, and a password to identify you in our system.
Personal information means information that is personal to, and can be used to identify, an individual, and can include such items as name, address, phone number, email address, etc., as well as certain financial information such as a credit card number and associated information used for the purpose of completing a purchase or paying for a fee-for-use transaction. Business contact information (e.g. office address, telephone number) is not considered personal information in certain jurisdictions.
During your visit to our website, we may also collect certain website use information for a number of reasons, including:
- To make your access more convenient and efficient;
- To understand website activity and trends;
- To monitor website performance; and
- To improve website design and functionality.
How Do We Use Personal Information?
3D Event Designer may use personal information provided orally or in writing (including electronically) by users of our website to:
- Process and manage their purchase of 3D Event Designer products and services;
- Respond to their customer service inquiries, posted comments, or statements on any blog or other online forum maintained on our website, or to take other actions in response to their inquiries or other online activities; and
- Communicate with our users about their purchases, requests for more information, password resets, blog or online forum postings, important security or server maintenance updates and announcements, or policy changes.
Because such service-related communications are a fundamental part of our service, users of our website cannot opt-out of these communications.
Is Personal Information Shared with Third Parties?
Your privacy is very important to us, but due to the existing regulatory and security environment, we cannot fully ensure that your private communications and other personal information that you have knowingly and voluntarily provided on our website will not be disclosed to third parties. Under certain circumstances, the government or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event that we need to investigate or resolve possible problems or inquiries, we may have to disclose information that you have provided to us to private entities, law enforcement, or other government officials, as we, in our sole discretion, believe necessary or appropriate. We may also have to disclose specific information in response to a court order or when required by law, to enforce our corporate policies, or to protect our or others' rights, property, or safety. We do not, however, provide any personal information for marketing or commercial purposes.
Our website may provide a variety of blogs, message boards, and other similar communication forums. Any information, personal or otherwise, that you disclose when you post to one of these is consequently considered to be public information, and may be used by us for commercial and promotional purposes, as well as may be read by and shared with other participants in such a forum. Please be aware, therefore, that anything that you write in such public message posts can be read, collected, and used by any of the many other users of those areas of our website, and could result in unsolicited messages sent by them to you. Additionally, in such situations, the recipient of the personal information may be located outside of the United States or in a jurisdiction that may not provide an equivalent level of data protection to the laws of your home jurisdiction. We are not responsible for any personally identifiable information that you choose to submit or permit others to submit through such public messages and forums.
We may share information with companies that provide support services to us (such as credit card processors or web hosts), that help us market our products and services (such as email vendors), or those of our strategic partners. These companies may need such information in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose.
3D Event Designer strives to maintain appropriate physical, technical, and administrative security with respect to its offices and information systems so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. We use industry standard efforts to safeguard the confidentially of your personal information such as firewalls and Secure Socket Layers (SSL) where appropriate. The pipe through which personal information, such as credit card numbers, is sent is encrypted, using such SSL technology, to ensure that your information is safe as it is sent over the Internet. While we strive to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. We also do everything in our power to protect user-information offline. All of our users’ information, not just the sensitive information mentioned above, is restricted to our offices. Only employees who have a specific “need to know” the information (e.g., to perform a specific task or job) have access to personal information.
Information from Children
Our website is a general audience website that is not designed nor intended to collect personal information from children of any age. We do not knowingly collect personal information from children, and do not use such information if we discover that it is has been provided. To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, children should not provide any personal information on our website, and their parents should, and are responsible to, supervise their children while online.
Terms and Conditions
(January 10, 2017)
All contents of our website are provided "as is" and “as-available” and 3D Event Designer does not guarantee or promise specific results from the use of our website, services, or products. 3D Event Designer expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. 3D Event Designer does not guaranty and makes no warranty that your use of our website will be uninterrupted, timely, secure, or error-free, that any information obtained by you will be accurate or reliable, or that this website or its servers will be free of viruses or other harmful components, or that defects will be corrected even if we are aware of them.
“You” and “your” refer to you, whether an individual or an enterprise, as a user of our website, and includes Venues and Vendors who use our website in any manner. A “user” is someone who accesses, browses, crawls, scrapes, surfs, or in any way uses the website. “We”, “us”, and “our” refer to 3D Event Designer and Events Clique. “Venues” and “Vendors” refer to the various entities listed on our website as potential providers of goods and services to our website users.
Our Website is a Neutral Venue
Our website is an online “legal venue” and marketplace through which users can find and learn about: (a) high-quality, commercially available venues to rent and/or hold events at; (b) service providers (herein referred as “Venues” and “Vendors”) who can provide a wide variety of services to our users at the listed or any other venues; and (c) tools, such as our To Do Lists, Budgeters, 3D Event Designer, etc., that can help the user plan and design their events/activities. We are not a venue provider or service provider, nor are with an agent representative for any of the listed Venues or Vendors. We and the website function solely as a neutral venue and digital clearinghouse for users to learn about such spaces and services, and, if they wish, to contact and arrange to engage them. 3D Event Designer is not involved in the actual face-to-face contact between any such parties, nor are we involved in or a party to any actual transactions between such parties, and as such, we do not collect any fees, commissions, referral fees, etc., for any relationships created between users and Venues and Vendors as a result of our website; instead, our fees from users are for their access to and use of our exclusive tools including our To Do Lists, Budgeters, the "3D Event Designer" software tool, etc. All parties using this website, including users, advertisers, Venues, and Vendors, acknowledge by their use of this website that: (a) we do not provide any of the products or services advertised or offered by Vendors and Venues listed on our website; (b) we do not endorse any Venue or Vendor; (c) we do not guarantee the quality of the goods, capabilities, and services of any Venue or Vendor; (d) we do not have any control over the quality, accuracy, safety, or legality of the transactions that take place with respect to relationships created between our website’s users and our website’s listed Venues and Vendors or over the ability of the listed Venues or Vendors to provide their products or services; (e) we can not guarantee the accuracy of the Venue and Vendor listings on this website; and (f) we are not responsible for the actions or inactions of the listed Venues or Vendors. By using this website, all parties using this website further acknowledge that any and all communications, correspondence, verbal or written, or any warranties or representations made with regard to products and services offered or available through this website are not provided by us and are specifically and solely between users and their selected Venue or Vendor and not with us, and that we are not a party to any dispute any user may have with any listed Venue or Vendor. We encourage you, the user, to use our website to help you plan and design your event/activity and as a starting point for identifying Venues and Vendors to provide the products and services you desire for your event/activity, following which you should conduct your own research to determine their viability.
Venue and Vendor Business Listing Information
The business information and content, including images, descriptions of products and services, contact information, etc., contained on our website comes from Venues and Vendors who have provided us the information about themselves for publication on our website, as well as from users and other individuals and groups that have commented to us and/or recommended to us various Venues and Vendors for inclusion and listing on our website. Upon receiving such comments and recommendations, we review such Venues and Vendors for acceptability for inclusion and listing on our website, and if accepted by us they are listed under the fair use and transformative doctrines. Venues and Vendors who subsequently prefer to modify their listing or to not be listed can contact us at firstname.lastname@example.org request modification of their listing or removal. Content for the listings of such recommended Venues and Vendors comes from various and many public sources including user-provided content and information, factual data from such Venue and/or Vendor websites or published materials, our comments and opinions, and the comments and opinions of our reviewers. We use best efforts to confirm the accuracy of all information herein contained, but do not guarantee it; as such, each user is responsible to independently verify it. If you are aware of any incorrect information, please let us know so we can correct it. We use no such information or content to market our services nor do we generate any fees for including such recommended information on our website. Instead, we provide such information on our website solely for the benefit of such Venues and Vendors and for the promotion of them to the users of our website. It is our policy to promptly respond to claims of copyright infringement. If you believe that your work has been copied and is accessible on our website in a way that constitutes copyright infringement, you may notify us by providing to us the following information: (a) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a statement that this person is authorized to act on behalf of the copyright owner; (c) a statement by such complaining party of a good faith belief that the use of the material in the manner complained of is not authorized either by the copyright owner, its agent, or the law; (d) a description of the copyrighted work that is claimed to have been infringed, and a description of where the allegedly infringing material is located on the website; (e) 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 infringed copyright owner; and (f) your and the alleged infringed copyright owner’s names, addresses, telephone numbers, and email addresses. All such notifications must have “Notice of Infringement” in the subject line of all such notifications, and be sent to email@example.com. We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act of 1998 (“DMCA”), and either remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, or initiate a counter-notification.
Your Use of Our Website
Your use of our website and the materials included on it is for personal and informational uses only. By accessing, browsing, and/or using our website and/or any of our event/planning tools including our To Do Lists, Budgeters, the "3D Event Designer" software, etc., you understand and expressly agree that:
- You will not distribute, publish, transmit, modify, display, or create derivative works from or exploit the contents of this website in any way. Unless otherwise noted, all materials on this website are protected as the copyrights, trademarks, and/or other intellectual properties owned by 3D Event Designer or any of its affiliates, or by other parties that have licensed their material to 3D Event Designer. None of the material may be reproduced or edited in any form without our explicit written permission, with the exception of downloading or printing copies for your own use. This copyright extends to original material of 3D Event Designer, any user-generated content, and any compilations of user-generated content, whether or not edited or filtered. The right to download and store or output the materials found on our website is granted for viewing use only.
- Your use of our website, including the downloading of any material, is done is at your sole risk, and you will be solely responsible for any damage to your computer system (or any component connected to your computer system) or loss of data that results from the download (intentional or otherwise) of any such material.
- You agree to indemnify, defend and hold harmless 3D Event Designer for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to 3D Event Designer, and that in the event of an unauthorized use 3D Event Designer shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Some links on the website will allow you to connect with sites that are not under our control. 3D Event Designer is providing these links only as a convenience. The appearance of a link does not imply we are responsible for the contents of any linked site. You access them at your own risk.
- You agree you are and shall remain solely responsible for the contents of any submissions you make to our website, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to our website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
- We reserve the right to republish any material contributed by our users. By posting a message, you as a user expressly grant to us the right to republish and/or sell the message as part of any edited compilation. You may not, however, submit to our website any material that is copyright protected without the permission from the copyright owner. Since there are many thousands of possible sources spread out across the Internet, it is impossible for us to know if a posting represents a copyright infringement. As such, you are solely responsible for all of the material that you submit to our website, including taste, reliability, originality and copyright. You, as the author, will therefore be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by you and posted by us. You are solely responsible for ensuring that your messages or postings do not violate any existing copyrights.
- You agree to indemnify and hold 3D Event Designer, its subsidiaries, affiliates, partners, principals, members, directors, officers, agents, vendors, contractors, employees, and all other associated parties, harmless from and against all actions, claims, damages, costs, and expenses, including attorneys’ fees, made by any third party due to, arising out of, or with respect to any material or information posted, provided, transmitted, or otherwise made available by you in our website, or by your use of our website, or by your violation of this Agreement, or your violation of the rights of another.
- 3D Event Designer will have a nonexclusive global license to publish, adapt, use, and resell the content submitted by users and contributors to our website. These nonexclusive publishing license, adaptation, use, and resell rights extend to any materials submitted “for publication” within our website, including blogs, message board postings, etc., as well as to any Venues and products modeled by either 3D Event Designer or by users/subscribers of our website or our “3D Event Designer” software tool. 3D Event Designer is not and will not be responsible for any misleading, false, inaccurate, or otherwise injurious information or advice provided on or communicated in our website, for any results obtained from the use of such information or advice or from the use of our event/planning tools including our To Do Lists, Budgeters, the "3D Event Designer" software tool, etc. 3D Event Designer will not be liable for any loss or damage suffered by a user through the user’s reliance on information and/or advice gained in these areas, or through the user’s use of our event/planning tools.
- Content from our website, including but not limited to any user information such as names, email addresses, or other contact information, may not be taken from the website and used for any purpose. Names, email addresses, and other contact information from member profile information or the pages and postings on this site may not be used by any outside parties for purposes of solicitation.
- 3D Event Designer’s marks (e.g., trademarks, service marks, registered marks, etc.) on this website represent the marks owned or controlled by 3D Event Designer. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of the company’s worldwide proprietary ownership rights. You may not reproduce, redistribute or otherwise use any materials without the express written consent of 3D Event Designer. All rights not expressly granted are reserved.
- You acknowledge, understand, and agree that any modeled Venue’s and/or product’s descriptions, measurements, images, etc. that 3D Event Designer includes on its website or in its "3D Event Designer" software becomes the sole property of 3D Event Designer in perpetuity, regardless of whether your use or subscription has expired or been terminated and regardless of whether you paid a fee to 3D Event Designer or Events Clique to have such an item modeled and/or included on the website or in the 3D Event Designer or its library.
- Unsolicited emails to our members or to our clients may constitute misrepresentation, misappropriation of our business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which 3D Event Designer shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees and costs.
- UNDER NO CIRCUMSTANCES WILL 3D EVENT DESIGNER OR EVENTS CLIQUE BE RESPONSIBLE FOR OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR OTHERWISE, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RESULTING FROM YOUR USE OF OUR WEBSITE, SERVICES, PRODUCTS, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH OUR WEBSITE, ANY USER CONTENT, OR THIRD PARTY ADVERTISEMENT OR SERVICE POSTED ON, THROUGH, OR IN CONNECTION WITH 3D EVENT DESIGNER OR EVENTS CLIQUE, EVEN IF 3D EVENT DESIGNER OR EVENTS CLIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 3D EVENT DESIGNER'S OR EVENTS CLIQUE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO 3D EVENT DESIGNER OR EVENTS CLIQUE FOR 3D EVENT DESIGNER OR EVENTS CLIQUE SERVICES DURING THE TERM OF YOUR USE OF 3D EVENT DESIGNER OR EVENTS CLIQUE SERVICES. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, AND GOODS AND SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
- Any disputes arising from these terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions, and shall be resolved exclusively in the state and federal courts located within Orange County in the State of California. YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT.
- 3D Event Designer makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, be advised that this website may contain references to products and services that are not available or are prohibited in your country.