Terms of Service for Vendors
Revised: September 23, 2018
These Terms of Service for Vendors (“Terms”) govern your use of the Event Hollow (“Event Hollow”) website and any mobile application (collectively, the “Site”) and the Event Hollow services (“Services”). These Terms apply to all vendors (defined below) using the Site and Services. By accessing or using the Site or Services as an vendor, you agree to these Terms.
The Site and Services offer you a platform where users who are planning an event, such as a wedding, (“clients”) can select the vendors, such as photographers, bakers, and florists, (“vendors”) the client is looking for their event and vendors can offer those services to clients. Vendors can offer services and packages, locate clients, enter into a contract with those clients, and receive payment using the Site and Service.
The Site and Services may only be used to obtain or offer special event services; no other services may be obtained or offered. Vendors enter into contracts directly with clients. Vendors are not employees of Event Hollow and Event Hollow is not hiring a vendor for a client. Vendors are responsible for paying any taxes required by law. Event Hollow may, but is not obligated to, conduct reviews, verifications, and background checks of clients and vendors. Nonetheless, Event Hollow does not have control over the quality, timing, or legality of the services actually delivered by vendors, nor of the integrity, responsibility or actions of clients or vendors and we make no warranties or guarantees about them.
As a part of the Services, Event Hollow provides the contract that vendors and clients enter into for vendors to provide services to clients (“Vendor Services Agreement”). The Vendor Services Agreement is provided as a courtesy to and for the convenience of users of the Website and Services. You agree that the Vendor Services Agreement does not constitute legal advice. By agreeing to these Terms, vendor hereby agrees to comply with the terms of any Vendor Services Agreements that vendor enters into with any clients.
You must be at least 18 years old to use the Site or the Services.
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using such Services, you agree to the applicable Additional Terms.
Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. When you use the Site or Services, you shall not:
violate any law or regulation;
violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
use our Site or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission;
transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
transmit any malicious code or computer viruses;
stalk, harass, or harm another individual;
impersonate or misrepresent your affiliation with someone else;
use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site (although Event Hollow does allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and Event Hollow reserves the right to revoke these exceptions either generally or in specific cases);
use automated methods to use the Site or Services in a manner that sends more requests to the Event Hollow servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
register for more than one Event Hollow account or register for an Event Hollow account on behalf of an individual other than yourself;
recruit or otherwise solicit any user to join third party services or websites that are competitive to Event Hollow, without Event Hollow’s prior written approval;
use, display, mirror, or frame the Site or any individual element within the Site or Services, Event Hollow’s name, any Event Hollow trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Event Hollow’s express written consent;
access, tamper with, or use non-public areas of the Site, Event Hollow’s computer systems, or the technical delivery systems of Event Hollow’s providers;
attempt to probe, scan, or test the vulnerability of any Event Hollow system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Event Hollow or any of Event Hollow’s providers or any other third party (including another user) to protect the Site or Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Event Hollow will investigate and prosecute violations of any of the above to the fullest extent of the law. Event Hollow may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Event Hollow has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Event Hollow reserves the right, at any time and without prior notice, to remove or disable access to any content on the Site that Event Hollow, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
You own all content and information you post or share using the Site or Services (referred to as “User Content”). You give Event Hollow permission to use your User Content as follows: you grant to Event Hollow and its Affiliates (defined below) a license to use, copy, or display your User Content in connection with the Site or Services. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote Event Hollow, the Site, or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that:
you own all rights to your User Content or, alternatively, that you have the right to give Event Hollow the rights described above;
you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit any User Content. We may remove User Content from the Site or Services for any reason.
Other than User Content, we own or license the content on the Site and Services, including software, text, visual, and audio content (collectively, the “Content”) and Event Hollow’s trademarks, logos, and brand elements (collectively, the “Marks”). The Content and Marks are protected under U.S. and international laws. We reserve all rights not expressly granted to you.
Notice of Copyright Infringement
We respect the intellectual property rights of others. Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of the Site or Services has infringed your intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
To be effective the notification should include:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit Event Hollow to locate the material on the Site or Services;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
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, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Site and Services without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent below. That written communication should include the following:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Northern District of California, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Please send all notices under the above copyright infringement policies by e-mail or mail to the following individual, designated as Event Hollow’s agent for receipt of notifications of claimed infringement:
Attention: Jennifer Edmon
600 California Street
San Francisco, CA 94108
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.
Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Third Party Content and Interactions
The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Event Hollow, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including clients and vendors, found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Event Hollow is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that Event Hollow is under no obligation to become involved. In the event that you have a dispute with any other user of the Site or Services, you hereby release Event Hollow and its Affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor 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 debtor.
When a client schedules a vendor’s services through the Site, the client will pay a non-refundable deposit at that time. The client will pay the remaining balance 30 days before of his or her event. Event Hollow charges a fee of 20% of the booking fee to paid by the client to the vendor (the “Administrative Fee”). Event Hollow will remit the amount of payment by the client, less the Administrative Fee to the vendor within 5 days of receipt from the client using the account information provided by the vendor. If a client cancels a vendor’s services prior to the event, vendor will retain the amount of the deposit less the Administrative Fee as a cancellation fee. At Event Hollow’s sole discretion, refunds or credits may be granted to client’s in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Event Hollow. Any refunds made to a client will be deducted from any amounts paid to the vendor. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all taxes, levies, or duties associated with sales hereunder, excluding only United States (federal or state) taxes.
Event Hollow and vendor agree and declare that these Terms create an independent contractor relationship and it is the parties’ express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. Vendor is not a joint venturer with, or franchisee, partner, agent, or employee of Event Hollow. Vendor has no power or authority to incur any debt, obligation, or liability on behalf of Event Hollow. Vendor and Event Hollow acknowledge that Vendor is not entitled to coverage under Event Hollow’s welfare, medical, or dental plans, life or disability insurance plans, pension plans, stock plans (including, without limitation, restricted stock units, stock options, or any other form of equity compensation), or any other Event Hollow-sponsored fringe benefits. Vendor will use its own equipment for its performance of its services. Vendor assumes sole liability for and will pay all employment taxes (including Social Security), income taxes, and other reports required by its activities and will abide by all federal, state, and local laws governing its provision of its services. Vendor must complete a 1099 form when signing up for the Services. Vendor will receive a 1099 for any amounts paid as required by law.
Vendor and Event Hollow’s relationship is non-exclusive, meaning that vendor can provide similar services to other organizations on terms and at times determined by vendor and that Event Hollow can and does engage others to provide similar services to those contemplated by these Terms. Vendor acknowledges and agrees that if vendor was an employee of Event Hollow, vendor would be prohibited by Event Hollow from providing similar services to competitors. Vendor, however, is in business on its own account and is unwilling to accept such restrictions, which Event Hollow would be able to impose if vendor was an employee. Vendor’s decision to be an independent contractor is made freely, knowingly, and with knowledge of the benefits that Vendor derives from being free from control of an employer.
Changes to the Site or Services
Event Hollow enhances and updates the Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you.
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVENT HOLLOW AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
IN PARTICULAR, EVENT HOLLOW AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, any recommendations or other content available on or through the Site or Services), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. EVENT HOLLOW AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
EVENT HOLLOW AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SERVICES OFFERED BY VENDORS, RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (INCLUDING BOTH CLIENTS AND VENDORS). YOU UNDERSTAND THAT EVENT HOLLOW MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON OR ANY OTHER SCREENING OF CLIENTS OR VENDORS. EVENT HOLLOW ALSO MAY NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ALL CLIENTS OR VENDORS OR ATTEMPT TO VERIFY THE STATEMENTS OF CLIENTS OR VENDORS. EVENT HOLLOW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF CLIENTS OR VENDORS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE CLIENTS OR VENDORS. EVENT HOLLOW RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVENT HOLLOW OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EVENT HOLLOW NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITE OR SERVICES OR THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Event Hollow may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Event Hollow’s liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold Event Hollow and its Affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account submit, post, or transmit on or through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Event Hollow reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Event Hollow in such defense.
By accessing or using the Site or Services, you agree: (i) that any and all disputes you may have with, or claims you may have against Event Hollow or its Affiliates relating to, arising out of or connected in any way with (a) the Site or Services, (b) these Terms, or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Event Hollow will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor Event Hollow may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Event Hollow’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR EVENT HOLLOW WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with Event Hollow.
Under no circumstances will Event Hollow be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or any Services will be filed only in the state or federal courts located in San Francisco County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Event Hollow to enforce any right or provision of these Terms will not prevent Event Hollow from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets, or by operation of law.
Changes to these Terms
We may change these Terms from time to time. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the “Revised” date shown in the revised Terms. By continuing to access or use the Site or Services, you agree to the revised Terms.