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    PLEASE READ THIS USER AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IT LIMITS THE PHILLYFUNGUIDE’S LIABILITY AND YOUR REMEDIES. IT ALSO CONTAINS OUR PRIVACY POLICY (see number 14).
      
    1. CONTRACT
    This is a contract between you and the Greater Philadelphia Cultural Alliance (“Cultural Alliance”), a non-profit arts and cultural organization with offices at 1315 Walnut Street, Suite 732, Philadelphia, PA 19107. The Cultural Alliance does business as the Phillyfunguide®. "We," "our," or "Phillyfunguide®" means the Cultural Alliance and its successors and assigns. This contract covers your use of the Phillyfunguide® Services (defined below). By checking the box next to "I agree to the User Agreement" and clicking "SUBMIT," you agree to be bound by this contract[JM1] . If you do not agree to this User Agreement, then we cannot post your event to Phillyfunguide® and you will not be permitted to use the Phillyfunguide® Services available to Users (defined below). You may not use the Phillyfunguide® Services if you are under age 18.

     

    This contract limits our liability. This contract also limits your remedies. We do not provide any warranties for the Phillyfunguide® Services (defined below). Please read Paragraph 5 and 6 carefully. They contain these limitations, which may apply to you.

    2. DESCRIPTION OF SERVICES
    Phillyfunguide® operates the Philadelphia region’s most comprehensive, up-to-date online calendaring system to discover and promote arts, cultural events, and other public events. Users can submit events, view promotions for discount tickets and other deals, and, if they choose, Users can receive email promotions for discounted tickets through the Funsavers email (defined below). The Phillyfunguide® Services are hosted in the United States.

    3. DEFINITIONS

    Content: Any materials, information or images you submit, post, transmit, upload or otherwise share with us or other Users (defined below) as a User of Phillyfunguide®. The term “Content” in this User Agreement does not include any User’s trademarks, service marks, logos, names, trade names, or corporate identity graphics.

    Phillyfunguide® Services: The services offered by Phillyfunguide® include the Phillyfunguide® website, the Funsavers email (a weekly email featuring discounted events and entertainment) and any other features, content, or applications offered from time to time by Phillyfunguide® in connection with the Phillyfunguide® Web site (collectively, the "Phillyfunguide® Services").

    Visitor: A person, business, or entity that visits the Phillyfunguide® website without registering as a User.

    User: A User or Visitor.

    Additional Terms and Conditions: This User Agreement incorporates the Phillyfunguide® Privacy Policy. In order to access or use certain Phillyfunguide® Services, you may be notified that you are required to agree to additional terms and conditions. If you participate in or use those Phillyfunguide® Services, you agree to be bound by those additional terms and conditions.


    4. USER REPRESENTATIONS, WARRANTIES, AND COVENANTS
    You represent, warrant, and covenant that:

    if you are an individual, you are 18 years of age or older;

    if you are a non-profit, business or entity, you are a lawfully organized business or entity;

    you will use the Phillyfunguide® Services only for lawful non-deceptive purposes authorized by this User Agreement;

    all information you submit in your registration or thereafter is truthful and accurate;

    if acting on behalf of a business or entity, you are the legal owner or authorized agent of the business or entity, and that you have the authority to bind the business or entity to this User Agreement and to participate in or use the Phillyfunguide® Services;

    you will update your registration information when needed to keep it accurate and current;

    your use of the Phillyfunguide® Services will not violate any applicable law, regulation or ordinance;

    the Content you post on or through the Phillyfunguide® Services will not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights, moral rights, or any other rights of any person, business or entity;

    the Content you post, to your best knowledge, is truthful and accurate and does not contain any content, material, advertising or service that is false or deceptive;

    you will own all Content posted by you on or through the Phillyfunguide® Services or have the right to grant the license set forth below;

    all trademarks, service marks, logos, corporate names, trade names, and corporate identity graphics are subject to the license rights of the owners thereof and may be used only within the limited license rights granted by such owners to Phillyfunguide® and our Web Hosting Service; such owners may establish requirements and restrictions governing use, including quality control standards, and may require pre-approval of such use, and Users agree to abide by all such requirements and restrictions; and

    if you post a hypertext link to a third-party Web site, you are authorized to do so or have obtained authorization to do so.


    5. WE MAKE NO WARRANTY
    We provide the Phillyfunguide® Services "as is," "with all faults," and "as available." Notwithstanding anything in this User Agreement to the contrary, we give no express warranties or guarantees. To the extent permitted by law, we exclude and disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so some or all of these limitations may not apply to you.

     

    Liability: We are not responsible, under any circumstances, for any loss or damage, including personal injury or death, resulting from participation in or use of the Phillyfunguide® Services, attendance at a Phillyfunguide® event or an event promoted by the Phillyfunguide® Services, from any content or Content posted on or through the Phillyfunguide® Services, or from the conduct of any Users of the Phillyfunguide® Services, whether online or offline.

    Ticket Sales:. If you want to purchase tickets for an event, the Phillyfunguide® may direct you to the event Web site for ticket sales or sell tickets directly through the Funsavers program. Any tickets, goods, or services sold by the Cultural Alliance via Funsavers are sold "as is," "with all faults," and "as available." The entire risk as to the quality and performance of the goods and services is with the buyer.

    Content Posted on Phillyfunguide®: We are not responsible for Users' actions or inactions, including things they post. We are not responsible for any incorrect or inaccurate content or Content posted on the Phillyfunguide® Web site or in connection with the Phillyfunguide® Services, whether caused by Users of the Phillyfunguide® Services or by any of the equipment or programming associated with or used in the Phillyfunguide® Services.

    Links to Other Sites: Event postings, user reviews, and other communications created and posted by Users on the Phillyfunguide® Web site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed, and we do not investigate, monitor or check for accuracy or completeness. Inclusion of any linked Web site on the Phillyfunguide® Services does not imply that we approve or endorse it. When you access these third-party sites, you do so at your own risk.

    Advertisements: We are not responsible for the conduct of third parties who post advertisements or pay to advertise on the Phillyfunguide® Web site or through the Phillyfunguide® Services, or for the goods or services provided by these third parties.

    Users: We are not responsible for the conduct, whether online or offline, of any User of the Phillyfunguide® Services.

    User Communications: We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of, any User or User communication or your Content or content.

    Technical or Computer Issues: We cannot guarantee continuous or secure access to the Phillyfunguide® Services. Operation of the Phillyfunguide® Web site or the Phillyfunguide® Services may be disrupted or interfered with by numerous factors both within and outside of our control. The data stored on our servers may be corrupted, lost, or otherwise impaired. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other system due to technical problems or traffic congestion on the Internet or on any of the Phillyfunguide® Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation, uploading or downloading materials in connection with the Phillyfunguide® Services.

    Use by Minors: While this User Agreement prohibits use by minors, we do not have the means to prevent minors from using or accessing the Phillyfunguide® Services without authorization. We rely on your representations, warranties, and covenants.


    6. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
    If Phillyfunguide® should be found liable despite the terms of this User Agreement, your exclusive remedy is to terminate this User Agreement and to recover damages actually and directly incurred up to $100. You can only recover from Phillyfunguide® up to $100 and nothing more. You agree that you will not need to recover any other damages.

     

    Consequential, special, indirect, or incidental damages, including lost profits or business opportunities are hereby disclaimed by you, whether or not advised of such possibility and whether or not any limitation on any remedy included herein is deemed to fail of its essential purpose. This limitation applies to all causes of action in the aggregate, including, without limitation, to:

    any claims for breach of contract, breach of warranty or guarantee, consumer protection, consumer fraud, unfair competition, strict liability, negligence, fraud, or other tort to the extent permitted by applicable law;

    any matter related to the Phillyfunguide® Services;

    any matter related to content or intellectual property (including code) on third-party Web sites, third-party programs or third-party conduct;

    any matter related to viruses or other disabling features that affect your access to or use of the Phillyfunguide® Services;

    any matter related to incompatibility between the Phillyfunguide® Services and other services, software and hardware; and

    any matter related to delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Phillyfunguide® Services in an accurate or timely manner.

    It also applies even if:

    this remedy does not fully compensate you for any losses, or fails of its essential purpose; or

    we knew or should have known about the possibility of damages.

     

    Some states do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitations or exclusions may not apply to you.

     

    7. INDEMNIFICATION
    You agree to indemnify and hold Phillyfunguide® (and its officers, directors, members, managers, agents, subsidiaries, affiliates, joint venturers, shareholders, employees, and Web hosting service) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or regulation or the rights of a third party. This obligation will survive and continue after termination of this User Agreement for any reason.

    8. TERMINATION
    We reserve the right, in our sole discretion, to terminate you as a User, to reject, refuse to post or remove any posting (including private messages) submitted by you, or to restrict, suspend, or terminate your access to all or any part of the Phillyfunguide® Services at any time, for any or no reason, without notice, and without liability, and without waiving any other rights or remedies.

     

    We may limit, suspend, or terminate any Phillyfunguide® Service at any time without notice and without liability.

     

    You may terminate your status as a User at any time, for any reason, by contacting the Cultural Alliance to remove your listings, if applicable, and by unsubscribing to the Funsavers email, if applicable. Certain terms of this User Agreement will survive the termination of your status as a User and remain in effect to govern your and our rights and responsibilities even when you are no longer a User.

    9. FEES
    Phillyfunguide® membership is free. We do not charge any fees for Phillyfunguide® Services. Fees may be collected by our ticketing partners with Funsavers.  Any sales of tickets via Funsavers are subject to the privacy agreements you sign via our partners including Ticketleap and Ticket Philadelphia, where such purchases are made.  We are not responsible for collecting any taxes. See Paragraph 5, We Make No Warranty, above.

    10. FEES FOR CERTAIN ADVERTISING & TICKETING FEES
    Phillyfunguide® charges a fee for certain advertisements such as banner ads. For current fees and related details, click the “Advertise with us” link at the bottom of the Phillyfunguide® Web site.

    11. PROHIBITED CONDUCT AND CONTENT
    The Phillyfunguide® Services are for the promotion of arts and cultural events in the greater Philadelphia region. Illegal and/or unauthorized access to or use of Phillyfunguide® Services is prohibited. You are responsible for ensuring that your use of Phillyfunguide® Services is lawful and in compliance with this User Agreement. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this User Agreement, including without limitation, removing any offending posting from the Phillyfunguide® Services, terminating the Usership of such violators, and reporting activities to enforcement authorities.

    Event Promotion:
    We reserve the right to review and accept or reject Content at our sole discretion. We are under no obligation to post any submission or to provide a rationale for rejection. 

    We also reserve the right of our Web Hosting Service to remove Content which the Web Hosting Service reasonably believes infringes or violates any applicable law or regulation or any proprietary, contract, moral, privacy or other third party right or which otherwise, in the Web Hosting Service’s judgment, exposes the host to civil or criminal liability.

    Phillyfunguide® Services may be used to promote the following types arts and cultural events:

    Dance;

    Film;

    Lectures & Literature;

    Museums & Galleries;

    Music;

    Outdoors;

    Sites & Attractions;

    Special Events;

    Sports;

    Theater;

    Visual Arts;

    Classes & Workshops that are also classified as one of the categories listed above;

    Fundraising galas and city-wide dining events (listed as Special Events);

    Sales of artwork and fine craft (listed as Visual Arts); and

    Other entertainment and leisure time events that are presented by Cultural Alliance members and/or the general public who submit such events to Phillyfunguide.

     

    Phillyfunguide® Services may not be used to promote the following types of events:

    Events outside of the Greater Philadelphia region;

    Virtual events without a designated location;

    Events presented by an elementary, middle or high school;

    Health fairs, social service events, or self-help seminars;

    Religious services or events that assume religious or spiritual beliefs;

    Sales, shopping or merchandising events;

    Entrepreneurial, networking and/or recruitment events (to promote those please use ProCalendar);

    Calls for entry or vendor solicitations;

    Food and drink specials; and

    "Adult" oriented entertainment or salacious content.

     

    You agree that you will not:

    violate any laws, regulations, third-party rights, this User Agreement or other Phillyfunguide® policy;

    further or promote any illegal activity or enterprise or provide instructional information about illegal activities;

    post false, inaccurate, misleading, deceptive, defamatory, or libelous Content (including personal information);

    post any material or engage in any activity that is abusive, threatening, obscene, defamatory, or libelous or that is patently offensive or otherwise promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses or advocates harassment of another person, or exploits people in a sexual or violent manner;

    post Content or a link to a Web site that contains pornography or salacious subject matter;

    solicit personal information from anyone under 18, solicit personal information from any User for unlawful purposes, or solicit passwords from any User;

    use the account, username, or password of another User at any time or disclose your password to any third party or permit any third party to access your account;

    attempt to impersonate another User, business, entity, or person;

    use any robot, spider, scraper or other automated means to access Phillyfunguide® Services for any purpose without our prior written consent;

    harvest or otherwise collect information about Users, including email addresses;

    take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

    interfere or attempt to interfere with the proper working of the Phillyfunguide® Services or any activities conducted on the Phillyfunguide® Web site;

    bypass any measures we may use to prevent or restrict access to the Phillyfunguide® Services;

    distribute viruses or any other technologies that may harm Phillyfunguide®, or the interests or property of Users;

    copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (except for Content you post) from a Phillyfunguide® Service without the prior written consent of Phillyfunguide® and the appropriate third party, as applicable; or

    take any action that may undermine the comment systems (such as displaying, importing or exporting comment information to or from Phillyfunguide® or using review or rating information for purposes unrelated to the Phillyfunguide® Services).


    12. CONTENT LICENSES
    When you provide us Content, you grant Phillyfunguide® and our Web Hosting Service a non-exclusive, worldwide, irrevocable, fully paid and royalty-free right and license to use that Content in connection with the Phillyfunguide® Services and similar services provided by our Web Hosting Service, including the right and license to reproduce and publicly display the Content and to allow access to and use of the Content by all Users. Your grant of the Content license includes the right to grant sublicenses.

     

    Phillyfunguide® does not claim any ownership rights in your Content. You will continue to retain all ownership rights in your Content, and you will continue to have the right to use your Content in any way you choose. By posting, displaying, or otherwise providing any Content on or through the Phillyfunguide® Services, you are granting to Phillyfunguide®, our Web Hosting Service, and other Users the right to use, copy, distribute, display, and modify your Content in connection with the Phillyfunguide® Services and/or similar services provided by our Web Hosting Service. If you submit a photograph or other digital image, you waive any and all rights of privacy and publicity with respect to the images.

     

    The license you grant to Phillyfunguide® and our Web Hosting Service is non-exclusive (meaning you are free to license your Content to anyone else in addition to Phillyfunguide® and our Web Hosting Service), fully-paid and royalty-free (meaning that Phillyfunguide® and/or our Web Hosting Service are not required to pay you for the use on the Phillyfunguide® Services and/or similar services provided by our Web Hosting Service of your Content), sublicensable (so that Phillyfunguide® is able to use its affiliates and contractors, such as Internet content delivery networks, to provide the Phillyfunguide® Services), and worldwide (because the Internet and the Phillyfunguide® Services are global in reach). For each submission of Content, you must have all rights necessary for you to grant the permissions in this Paragraph 12 and your submission of Content includes a representation that you have such rights. The license granted by you under this Paragraph 12 will terminate at the time you remove your Content from the Phillyfunguide® Services.

    The Phillyfunguide® Services may contain proprietary information, materials, and original works of authorship owned by Phillyfunguide® or licensed to Phillyfunguide® by third parties ("Phillyfunguide® Content"). Phillyfunguide® Services grants you a limited, revocable, non-exclusive, nonsublicensable license to reproduce and display the Phillyfunguide® Content (excluding any software code) solely for your personal use in connection with any authorized use of the Phillyfunguide® Web site and accessing the Phillyfunguide® Services. Phillyfunguide® reserves all other rights in and to the Phillyfunguide® Content. You may not modify, translate, or create derivative works of any Phillyfunguide® Content and you may not publish, transmit, sell, or attempt to sell or transfer or otherwise exploit any Phillyfunguide® Content. You may not alter or remove any copyright, trademark, or other proprietary rights indicators associated with Phillyfunguide® Content.

     

    Copyright and other intellectual property laws and treaties protect the software and content associated with the Phillyfunguide® Services. Phillyfunguide® or its licensors own the title, copyright, and other intellectual property rights in all software and content other than your Content. Such software and content is licensed and not sold to you. You do not have ownership rights to any Phillyfunguide® Content, software or other content made available or accessible on the Phillyfunguide® Services, regardless of how such software and the Phillyfunguide® Content is used or downloaded. The license granted to you under this Paragraph 12 will terminate on the date your Phillyfunguide® Usership ends.

    13. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
    If you believe that your work has been copied, posted, or otherwise used on the Phillyfunguide® Services in a way that constitutes copyright infringement, please notify our Copyright Agent at the address provided below. In order for us to act promptly to remove allegedly infringing content in accordance with the Digital Millennium Copyright Act, your notice must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Phillyfunguide® Services; (iv) your address, telephone number, and email address; (v) a written 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Copyright Agent for notice of claims of copyright infringement can be reached as follows: Stuart Adair, 1315 Walnut St, Philadelphia, PA 19107; email address: stuarta@philaculture.org; telephone: (215) 399-3519.

    14. INFORMATION THAT WE COLLECT ABOUT YOU
    Phillyfunguide® collects the personal information you provide when you post an event, or sign up for the Funsavers email. We also collect the information you post on Phillyfunguide®. When you browse Phillyfunguide®, our system automatically receives and records information on our server logs from your browser, including your IP address, cookie, and the page you request. We also place cookies on your computer.

     

    Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. We use information for the following general purposes: identification, authentication, services improvement and delivery, product improvement and delivery, User contact, service announcements, advertising, research, customization, and anonymous reporting.

     

    IP addresses may be used for various purposes, including: diagnosing or servicing technology problems reported by our Users or engineers that are associated with the IP addresses controlled by a specific Web company or Internet Service Provider, and estimating the number of Users visiting Phillyfunguide® from specific geographical regions. We use cookies for a number of purposes, including: accessing your information when you log in, keeping track of your preferences, estimating and reporting our total audience size and traffic, and conducting research to improve Phillyfunguide® content and services. We do not link the information we store in cookies to any personally identifiable information you submit while accessing or using our site, except for your IP address, which may be considered personally identifiable information in some jurisdictions.

     

    Google Analytics utilizes the data collected to track and examine the use of Phillyfunguide®, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network. Phillyfunguide® may implement certain tracking features supported by Google Analytics for Display Advertising Demographics and Interest Reporting. The data collected (age and gender) is used to better understand our visitors and help us provide the most relevant content we can. We may also employ Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, may show our ads on sites across the Internet. Phillyfunguide® and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our website. You can opt out of Google Analytics for Display Advertising and/or customize Google Display Network ads using the Google Ads Settings or Google Analytics opt-out browser add-on. We will not facilitate the merging of personally-identifiable information with non-personally identifiable information previously collected from Display Advertising features that is based on the DoubleClick cookie unless you have provided Phillyfunguide® with prior affirmative (i.e., opt-in) consent to such merger.

     

    We may share the personal information we collect in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this User Agreement, or as otherwise required by law. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights or comply with a judicial proceeding, court order, or legal or administrative process served on us.

     

    Our policies may be different than those of the parties whose events are advertised by the Phillyfunguide® Services. We are not responsible for the conduct of such third parties or their policies or practices.

     

    If you post Content to a Web site, user review, or any area on the Phillyfunguide® Web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other Users, and could be used to send you unsolicited messages. We are not responsible for further distribution of the personally identifiable information you choose to post.

     

    We never sell or disclose your name, email address, or other personally identifiable information to third parties without your consent, except as described in this User Agreement.

     

    15. CHANGES TO THIS USER AGREEMENT
    We reserve the right, at our sole discretion, to change, add, or delete portions of this User Agreement at any time. We will post any changes to this User Agreement on this page and will indicate at the top of this page the date these terms were last revised. We will give you at least 30 days notice by posting the changes on the Phillyfunguide® Web site or by email. It is your responsibility to check this Web site regularly to determine if there have been changes to this User Agreement. If you do not agree to the changes, then you must cancel your status as a User and stop using the Phillyfunguide® Services before the changes become effective. If you continue using the Phillyfunguide® Services, then your use of the Phillyfunguide® Services will continue under this User Agreement as modified.

    16. NOTIFYING PHILLYFUNGUIDE®
    We do not accept email notices. Except as provided in Paragraph 13, you may notify us using postal mail. Our address is 1315 Walnut Street, Suite 732, Philadelphia, PA 19107. 
    You may notify Phillyfunguide® of claims of copyright infringement by following the procedures set forth in Paragraph 13.

    17. NOTICES FROM PHILLYFUNGUIDE®
    We will send you certain notices in connection with the Phillyfunguide® Services. There may be other information regarding the Phillyfunguide® Services that the law requires us to send you. We may send you this information in electronic form via email or online posting. You have the right to withdraw your consent to electronic notice, but if you do, we will terminate your status as a User.

     

    We may provide required information to you:

    - by email at the email address specified when you agreed to this Agreement;

    - by access to a Phillyfunguide® Web site that will be designated in an email notice sent to you at the time the information is available; or

    - by access to a Phillyfunguide® Web site that will be generally designated in advance for this purpose.

    Notices provided to you via email will be deemed given and received on the transmission date of the email. If you do not consent to receive any notices electronically, you must stop using the Phillyfunguide® Services.

    18. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
    Claims for the enforcement or breach of this User Agreement will be governed by the laws of the Commonwealth of Pennsylvania, USA without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be governed by the laws of your state or province of residence in the United States and Canada, or, if you reside outside of the United States or Canada, the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles.


    You consent to the exclusive jurisdiction and venue of state or federal courts in Philadelphia, Pennsylvania, USA for all disputes arising under or related to this User Agreement or the Phillyfunguide® Services. You may only sue us in Philadelphia, Pennsylvania. You cannot revoke this consent.

    19. ASSIGNMENT
    We may assign this User Agreement, in whole or in part, at any time with or without notice to you. You may not assign this User Agreement, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your registration. The other party may then become a User and enter into a User Agreement with us.

    20. CLAIMS MUST BE FILED WITHIN ONE YEAR
    Any claim arising under or related to this User Agreement or the Phillyfunguide® Services must be brought within one year. This one-year period begins on the date when the claim first could be filed. If not filed within one year, that claim is permanently barred. This applies to you and your successors and assigns.

    21. USER DISPUTES AND RELATED RELEASE
    You are solely responsible for your interactions with Users.


    If you have a dispute with one or more Users, you release Phillyfunguide® (and its officers, directors, members, managers, agents, subsidiaries, affiliates, joint venturers, shareholders, employees, and our Web Hosting Service) from claims, liabilities, demands, and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a resident of California or a jurisdiction with a similar law, you waive California Civil Code §1542 which says: "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" or any similar law of any jurisdiction.

    22. OUR FAILURE TO EXERCISE OUR RIGHT IS NOT A WAIVER
    Our failure to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision.

    23. PARAGRAPH TITLES
    The Paragraph titles in this User Agreement are for convenience only and have no legal or contractual effect.

    24. PHILLYFUNGUIDE SERVICE MARK
    Phillyfunguide® is a registered service mark of the Greater Philadelphia Cultural Alliance.

    25. SEVERABILITY
    This User Agreement operates to the fullest extent permissible by law. If any provision of this User Agreement is determined to be unlawful, void, or unenforceable, that provision is deemed severable from this User Agreement and does not affect the validity and enforceability of any remaining provisions.

    26. ENTIRETY OF AGREEMENT
    This User Agreement constitutes the entire agreement between you and us regarding the use of the Phillyfunguide® Services.
    If you do not agree to the terms of this User Agreement, you should leave the Phillyfunguide® Web site and discontinue use of the Phillyfunguide® Services immediately.

     

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