THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH GETTIE, A SUBSIDIARY OF MIXSTIR INC. OFFERS YOU ACCESS TO THE GETTIE PLATFORM.
These terms of service constitute a legally binding agreement between you (“you”, “your”, or “user”) and Gettie (“Gettie”, “we”, “us”, or “our”), a subsidiary of Mixstir Inc. This Agreement governs your use of the Gettie website (the “site”), mobile application (“app”, or “apps”), and technology platform (collectively, the “Gettie Platform”).
By using or registering with the Gettie Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish in the future. Please read these terms of service carefully as they contain important information regarding your legal rights, remedies and obligations. If you do not agree to be bound by this Agreement, you will not have any right to use the Gettie Platform. Gettie’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety.
By using the Gettie Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (ii) you have a “.edu” email address given to you by a college or university and are an enrolled student said university; (iii) you have the right, authority and capacity to enter into this Agreement. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement, and (iv) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of Gettie.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR EVENTS/GETTIES AND GUESTS MAY LEARN ABOUT AND BOOK EVENTS/GETTIES DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT GETTIE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS GETTIE AN EVENT HOST, PARTY PLANNER, OR PROMOTER. GETTIE HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY EVENTS/GETTIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON GETTIE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH GETTIE IS LIMITED TO BEING A USER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF GETTIE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF GETTIE. GETTIE DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A USER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF GETTIE, INCLUDING BY INAPPROPRIATELY USING ANY GETTIE INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
“Guest” means a user who RSVP’s or purchases tickets to events hosted by others.
“Host” means a user who creates a Listing via the Platform.
A “Gettie” or “Event” is an event or gathering hosted by a user on the Gettie Platform, which encompasses any private or public event. Users can purchase tickets and attend “Getties”.
“Listing” means an Event or Gettie that is listed by a Host as available for attending via the Platform.
The Gettie Platform is a registration and ticketing platform for enabling the connection between guests, bars, restaurants, and liquor brands (“hosts”) holding events to guests who seek to attend such events (“guests”). Through our platform, mobile apps, and services, we enable our users to discover, book, and list unique house parties, campus events, and other public or private happenings.
As stated above, Gettie makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of events/getties directly with each other. Gettie is not an owner or operator of properties, including, but not limited to, homes, hotel rooms, event spaces, or venues and Gettie does not provide any event services, including, but not limited to, event staffing, party planning, security, liquor, beverages, food, or venues. Unless explicitly specified otherwise in the Gettie Platform, Gettie’s responsibilities are limited to facilitating the availability of the Site, Application, and Platform.
We reserve the right, at our sole discretion, to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we modify these Terms, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Gettie Platform or Services after any such changes shall constitute your consent to these changes. If you do not agree to any such changes your only recourse is to cease using the Gettie Platform and Services.
The Gettie Platform is intended solely for persons who are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform you represent and warrant that you are at least 18 years of age and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
Please review the Purchase Terms and Conditions, which will govern your order or purchase of any tickets through the Website.
The purchase of tickets to events and getties may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You may be asked to provide information during various processes that you engage in on the Platform. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of purchasing tickets. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or to purchase tickets on the Website.
Gettie may provide you with opportunities to contribute to the Platform, which may include, but not be limited to, uploading your user profile, participating in chats, using bulletin boards, and providing ratings and reviews. Anything that is contributed to the Platform by you or other users will be referred to in these Terms as “User Content.” Such contributions do not necessarily represent the view or opinions of Gettie. Gettie cannot preview User Content before it appears. Gettie does not guarantee the accuracy, safety, completeness, or usefulness of any User Content, and does not adopt, endorse or accept responsibility for the accuracy or reliability of any User Content or any opinion, recommendation or advice expressed therein, and Gettie expressly disclaims any and all liability in connection with User Content.
When using the Platform, you may choose to read or otherwise be exposed to User Content. Gettie is not liable or responsible for the intellectual property rights of or relating to such User Content. You agree and acknowledge that such content may be inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gettie with respect thereto as described more fully below, and agree to indemnify and hold Gettie harmless to the fullest extent allowed by law regarding all matters relating to your use of the Platform as described more fully below. Users can be held liable for any illegal or prohibited User Content they provide to the Platform, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Platform, please notify us at firstname.lastname@example.org. We will investigate your claim and may then take all actions we deem appropriate. You agree that you will not submit “Prohibited Content,” as described below, as User Content.
“Prohibited Conduct” includes, but is not limited to, User Conduct that:
* Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* Harasses or advocates harassment of another person;
* Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
* Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
* Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
* Displays pornographic or sexually explicit material of any kind;
* Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
* Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
* Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
* Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
* Infringes Gettie’s or any third party’s copyright, patent, trademark, trade secret, rights of privacy or publicity or other proprietary or intellectual property rights of any nature.
Although Gettie cannot monitor the conduct of users off the Platform, it is also a violation of these Terms to use any information obtained from this Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Platform user without their prior explicit consent.
You understand and agree that in Gettie’s sole discretion, and without prior notice, Gettie may terminate and block your access to the Platform or to Gettie‘s other services, cancel your purchases, ticket order and/or tickets acquired through your ticket order, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts Gettie believes may be associated with you, cancel a ticket or ticket order associated with any person acting or believed to be acting in concert with you, remove any unauthorized User Content or exercise any other remedy available, if Gettie believes that your conduct or the conduct of any person with whom Gettie believes you act in concert, or the User Content you provide, or any resale of such tickets purchased through Gettie, violates or is inconsistent with these Terms or the law, or violates the rights of Gettie, a client of Gettie or another user of the Platform. Violating any limitations or terms on the Platform, including but not limited to utilizing automated means to process or place purchases or ordering a number of tickets that exceeds the stated limit will be deemed to be a violation of these Terms. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be canceled, we may refuse to honor all pending and future ticket purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Platform.
You agree that monetary damages may not provide a sufficient remedy to Gettie for violations of these Terms and you consent to injunctive or other equitable relief for such violations.
You agree that Abusive Use of the Platform, as defined above, causes damage and harm to Gettie in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to Abusive Use of the Website. You further agree that monetary damages for Abusive Use of the Website are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and difficult to calculate. Accordingly, you agree that liquidated damages are warranted for Abusive Use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1,000 pages of the Platform in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) per page request each time that a page request is made after that first 1000 during that twenty-four hour period. You also agree that this will be the measure of damages for any Abusive Use that occurred prior to this provision of these Terms of Service being in effect.
Gettie is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Gettie’s rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Platform at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Platform without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
As a User, you may create event listings known as getties. To Create a gettie you will be asked a variety of questions about the event to be listed, including, but not limited to, the location, capacity, and details of the event and pricing and related rules and financial terms. In order to be featured on the Platform, Application and Services, all getties must have valid physical addresses. Gettie events will be made publicly available via the Site, Application and Platform.
Other Users will be able to book your gettie via the Site, Application and Platform based upon the information provided in your Gettie, your Guest requirements, and Guests’ search parameters and preferences.
You acknowledge and agree that you alone are responsible for any and all Gettie Listings you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Guest’s attendance at, an Event in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Gettie assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Gettie reserves the right, at any time and without prior notice, to remove or disable access to any Gettie Listing for any reason, including Listings that Gettie, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform.
If you are a Host, you understand and agree that Gettie does not act as an your contracting agent, event promoter, party planner, or catering company. If a Guest books your Listing and attends your Gettie event, any agreement you enter into with such Guest is between you and the Guest and Gettie is not a party to it.
If you are a Host, Gettie can make certain tools available to you to help you to make informed decisions about which Members you choose to accept or reject for attending and booking for your Event. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the Event at your request or invitation.
Gettie recommends that Hosts obtain appropriate insurance, security, and staffing for their Events.
Gettie aims to provide a channel to its users that allows them to discover, book, and access events and experiences but at no point does Gettie ensure the users that the establishments will allow access to users in cases in which the user does not meet the standards and norms for said premises. The user, by accepting these Terms, exempts Gettie from any liability in cases in which the user is refused entry for reasons beyond Gettie’s control. Gettie is not involved in any organizational aspect of the events taking place in the establishments. Gettie is exempted from all liability and / or responsibility that belongs to the authority/owner of the event space.
You agree that you meet the legal requirements of current legislation to access establishments or areas that Gettie puts at your disposal, by complying to these Terms.
Gettie reserves the right to obtain photographs, audio or video of all events promoted. You understand that whenever you go to an event through Gettie, you give your consent to be photographed, videotaped or recorded by Gettie staff covering the event. You grant a non-attributable license to Gettie to the reproduction and publication of their image in the Platform, promotional materials, social networking and other confined materials to the Platform.
Gettie owns intellectual property rights to any protectable part of the Platform, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by the Company. You have a non-exclusive, limited, revocable license to visit and use the Platform while you are in compliance with the Terms of Service, Purchase Terms and Conditions, and all other conditions and limitations described for use of the Platform. Nothing in this license, or in the Platform, shall be construed as granting you any other rights or privileges of any kind with respect to the Platform or any content on the site or app.
Any documents, messages, graphics, images, files, data and other information User Content posted on the Platform by you shall remain your sole and exclusive property. In order to operate the Platform, Gettie needs the right to make certain uses of your publicly-posted User Content. Therefore, when you post User Content on the Platform, you agree to grant Gettie (and its affiliates and sublicensees) an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, sell, publicly display, publicly perform and make derivative works of your User Content on the Platform, on services affiliated with the Platform and elsewhere (including but not limited to print, video, audio or computer media), regardless of the form of media used or of whether such media or services now exist or are developed in the future. By posting User Content to the Platform, you hereby represent and warrant that you have the right to post that User Content and to grant the foregoing rights to Gettie (and its affiliates and sublicensees).
All information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), relating to an event on the Services is posted by third party event organizers, hosts, guests, or other parties and not by Gettie (collectively, “Third Party Content”). However, we have created a simple process to deal with complaints of alleged infringement of third party trademark rights and copyrights by Third Party Content posted on the Services. This process covers copyrights (e.g., written text, photographs, sound recordings and video clips) and trademarks/servicemarks (e.g., logos, slogans and names identifying a good or service).
If you believe in good faith that any Third Party Content made available in connection with the Services infringes your copyright or trademark rights, you (or your agent) may send us a takedown notice requesting that the Content be removed, or access to it be blocked. Such takedown notices need to contain the following information in order for Gettie to be able to take action:
* An identification of the copyrighted work or works you own that you claim have been infringed, and where on the Gettie Platform the materials you believe infringe your copyright are located, by URL;
* Information reasonably sufficient for Gettie to contact you, such as an address, telephone number, and/or email address;
* A statement that you have a good faith belief that the material complained of is not authorized by the copyright owner as it is used on the Platform, or its agent, or the law, such as, for example, “I have a good faith belief that the listing [or listings] of copyrighted materials identified herein are being used on your Platform in a way that is not authorized by the copyright owner, its agent, or the law;”
* A statement that the information in the notice is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that you claim was infringed, provided under penalty of perjury such as, for example, “I swear, under penalty of perjury, that the information in this notice is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that I claim is infringed.”
*A physical or electronic signature by the copyright owner or his, her, or its agent.
Please send all complaint notices by email to email@example.com
If User Content you supplied was removed by Gettie, Gettie will send an email to you which notifies you that the User Content has been removed. The Gettie email will include the rights owner’s address or email address. If you believe that the User Content you provided was removed in error, Gettie suggests that you first try to contact the rights owner to resolve the matter. If the rights owner agrees that he, she or it made a mistake, have them email Gettie and Gettie will allow you to repost the User Content.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY EVENTS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GETTIE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER GETTIE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY EVENT VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GETTIE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
As a condition of access to the Platform, you fully waive and release Gettie and Mixstir Inc stockholders, partners, affiliates, directors, officers, parents, subsidiaries, employees, agents, suppliers, licensees, and distributors from any and all claims, demands and damages of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Platform, other users’ use of the Platform, User Content posted on the Platform, and any dispute you have or claim to have against Gettie and its affiliates or one or more users on the Platform.
You acknowledge that you may have or may in the future have claims against Gettie which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. 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."
Neither Gettie, Mixstir Inc, nor any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the platform, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.
Gettie does not have any control over any events or experiences that are attended through our platform and Gettie cannot ensure that any party you are dealing with will actually provide what is advertised or is authorized to do so.
IN NO EVENT WILL GETTIE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR TRAVEL EXPENSES, LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF GETTIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the first instance we request that you Contact Us if you have a complaint against us and we shall try to resolve it.
You agree to defend, indemnify and hold Gettie and Mixstir Inc, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, 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”) due to or arising out of: (a) your breach of these Terms of Service; (b) your improper use of the Services; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or (d) in the case of Hosts, your events or the fact that Gettie was providing Services with respect to those events, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of Gettie’s gross negligence or willful misconduct. Gettie shall provide notice to you of any such Claim, provided that the failure or delay by Gettie in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.
The failure of Gettie to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Gettie. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Please contact us if you have any questions or concerns regarding anything contained in these Terms at: firstname.lastname@example.org