Portland Textile Month Terms of Service

Portland Textile Month (PTM) is an “Event” listing “Service” between Event “Organizers” and Event “Attendees” made available through the website www.portlandtextilemonth.com.

1. Events

All Events listed on the PTM website are hosted and operated by outside Organizers unless PTM is explicitly listed as the primary Organizer. PTM does not have control over and does not guarantee the existence, quality, safety, or legality of the Events or the truth or accuracy of the descriptions of the Events run by outside Organizers. We do not guarantee the occurrence of Events.

2. Organizers

Organizers are solely responsible for any claims referring or relating to the existence, quality, safety, or legality of Events; the truth or accuracy of the descriptions of Events; and cancellation, postponement, or changes to Events. By listing Events on the PTM website, Organizers are making a binding offer to hold Events that match the description, date, time, and cost (if applicable) to those submitted to PTM. Submitting pricing for Event tickets is the sole responsibility of—and at the sole discretion of—Organizers and must be done in accordance with all applicable laws. Under no circumstances may Organizers charge a higher Events price than the submitted and published amount displayed on the PTM website without first contacting PTM for approval. Organizers are obligated to ensure all listings submitted to PTM are accurate. Organizers are solely responsible for the payment of any applicable taxes resulting from ticket sales for their own Events.

2. Attendees

Attendees are responsible for reading the complete listing details before registering for an Event. We are not responsible for cancellation, postponement, or changes to Events. You must direct any refund requests to the Organizer directly. We do not have control over and do not guarantee the existence, quality, safety, or legality of the Events or the truth or accuracy of descriptions of the Events submitted by Organizers. We do not guarantee the occurrence Events.

3. Listings and Tickets

For each free Event, PTM creates an Event listing on the PTM website and facilitates the creation of Event tickets on behalf of the Organizer through the website www.eventbrite.com.

For each paid Event, PTM creates an Event listing and directs Attendees to purchase tickets through external links provided by Organizers. PTM is not involved in any ticket transactions for paid Events.

4. Payments and Refunds

PTM charges Organizers a listing fee for using our Service. Organizers of both free and paid Events agree to pay our listing fees when submitting an Event unless the Organizer requests a fee waiver. Approval of fee waivers are at the sole discretion of PTM and they are under no obligation to waive any listing fees. All listing fees are non-refundable.

5. Service Termination

Organizers and Attendees may stop using the Service at any time. Organizers can request that their listing be removed at any time without notice and PTM will honor those requests in a timely manner. We reserve the right to suspend or terminate your access to the Service at any time, in our sole discretion, for any reason, without incurring liability of any kind. PTM reserves the right to remove any listing on the PTM website without prior notice.

6. Submitted Materials

By submitting an Event, Organizers grant PTM the right to use submitted images and Event descriptions for general marketing purposes. Organizers are responsible for clearing all usage rights prior to submitting images and descriptions and PTM will not be held liable for any copyright infringement. Organizers shall retain all rights to submitted materials.

7. Changes in Service

PTM may modify these terms or any additional terms that apply to this Service. It is the responsibility of the Organizer and Attendee to review these terms regularly. If you do not agree to the modified terms, you should discontinue your use of this Service.

8. LIMITATION OF LIABILITY

THESE SERVICES ARE PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN NO EVENT SHALL WE OR OUR PARTNERS BE LIABLE FOR ANY GENERAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS, PROFIT, OR REVENUE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY, EVEN IF WE OR OUR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

9. Choice of Law, Jurisdiction, and Venue, and Limitations

This Agreement and the validity thereof shall be governed by and construed in accordance with the substantive laws of the state of Oregon, USA, excluding its conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The seat of arbitration shall be the city of Portland, Oregon, USA. Claims must be filed within one (1) year. You must bring any claim related to these Terms or this Service within one (1) year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn’t filed in time, the claim is permanently barred.

10. Entire Agreement

These Terms (including the Privacy Policy) constitute the entire and exclusive agreement between you and us with respect to this Service, and supersede and replace any other agreements, terms, or conditions applicable to this Service. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later.

11. Severability

If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and enforceable Terms will be substituted reflecting our intent as closely as possible.

12. Release and Covenant Not to Sue

To the fullest extent permitted by law, you release and covenant not to sue PTM, our partners, our affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to disputes between you and an Event Organizer. In entering into this release, you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.

13. Indemnification

You agree to indemnify us, hold our subsidiaries, affiliates, and their respective officers, directors, attorneys, agents, employees, licensors, and suppliers (the “Indemnitees”) harmless against any claim or demand and all liabilities, costs, and expenses (including reasonable attorneys’ fees) incurred by us and (if applicable) any Indemnitee resulting from or arising out of your violation of any law or the rights of a third party.

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