Last Modified: July 27, 2020.
Togather provides an online virtual event booking platform (“Platform”) that enables creators, organizers, promoters, producers, sponsors, curators and/or hosts (“Event Hosts”) of virtual events, including but not limited to culinary, beauty, fitness, art, music, and/or entertainment classes or activities (collectively, “Events”), to publish their Events, and communicate and transact with registered users (“Customers”) seeking to browse, review, reserve, pay for, and otherwise access the Events. Togather does not create, own, control, manage, deliver or supply the Events. If you are an Event Host, you are solely responsible for your Events. If you are a Customer and you make a reservation for an Event, you enter into a contract directly with that Event’s Event Host for the Event, and not with Togather. Togather is not and does not become a party to, insurer of, or other participant in, any contractual relationship between Customers and Event Hosts, and Togather is not acting as an agent for Customers or Event Hosts in any capacity except as set forth in the following paragraph.
If you are an Event Host of a paid Event and you use the payment processing method offered by Togather, Togather acts as your limited agent solely for the purpose of using our third party payment service providers to collect payments made by Customers on the Services and passing such payments to you.
In order to obtain access to certain Services, you need to register by creating an account with Togather. When you register, you will be asked to provide your full name and email address and create an ID and password (collectively, “Credentials”). When creating an account, you agree to provide only accurate, current, and complete Credentials and other registration information, and you will keep your Credentials and all public profile information up-to-date if any of such information changes. Furthermore, you acknowledge that if you wish to participate in certain Events, you may need to provide additional information to the Event Host as a condition of participation. For example, if you wish to attend an Event where alcohol is served, you may be required to provide proof that you are of legal drinking age to the Event Host. You represent and warrant that all Credentials and other information you provide to Together or any Event Host is truthful and accurate.
Togather does not assume any responsibility for the confirmation of any user’s identity or of whether any Customer has met any conditions necessary to attend any Event. To the extent permitted by law, for safety and transparency purposes, we may ask users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of users, screen users against third party databases or other sources, and/or obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if applicable).
You are solely responsible and liable for any and all access to the Site and/or Services by persons using your Credentials and any and all activities conducted through your account. You must treat your account information and Credentials as confidential, and you must not disclose, assign or otherwise transfer it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or Services or portions of them using your Credentials or other security information. If there is a dispute between two or more persons or entities with respect to account ownership, Togather shall be the sole arbiter of that dispute and Togather’s decision (which may include termination or suspension of an account) shall be final and binding on those parties. Please notify us immediately if you become aware that your Credentials are being used without authorization.
Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Togather may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
If you subscribe to receive email communications from us, we may send you email communications to alert you to news about our activities and provide you with other information. If at any time you would like to stop receiving these email communications, you can follow the opt-out procedures described in such email.
Ownership of the Site and its Contents
The Site, and all information, materials and content contained in or delivered via the Services or otherwise made available in connection with the Services, including without limitation any text, HTML code, trademarks, logos, service marks, trade dress, graphics, photos, videos, sounds, animations, button images, other content or materials, the site design, its selection and arrangement of content, and its "look and feel," (collectively, "Site Content"), is owned by Togather or otherwise made available to Togather through arrangements with third parties. Site Content is protected pursuant to U.S. copyright, trademark, and other proprietary rights and laws, and any rights not expressly granted herein to you are reserved. Except as otherwise expressly authorized in writing by Togather, none of the Site Content may be modified, copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, resold, licensed, leased, distributed or commercially exploited by you in any way, and nothing contained on the Site or offering of the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Site Content without the written permission for each such use of the party that owns the Site Content, whether it be Togather or a third party. Use of any Site Content as part of a link to or from any site is prohibited unless Togather approves the establishment of such a link by prior written consent specific for each such link.
Togather may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Togather both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer these Terms of Service; and/or (d) protect the rights, property and/or personal safety of Togather, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
Limited License to Services
Restrictions on Use of Services
Disclaimer Regarding Services
You acknowledge that Togather has no control over and does not guarantee (i) the existence, quality, safety, suitability, accuracy or legality of any Events or content associated with an Event, (ii) the truth or accuracy of any Event descriptions, ratings, reviews, or other information provided by users (including Customer related information shared with Event Hosts in connection with Events), (iii) whether any Customer meets any conditions or requirements to participate in any Event; or (iv) the performance or completion of an Event, or any other conduct of any Customer, Event Host or third party. Togather does not endorse any Customer, Event Host or Event. It is your responsibility to exercise due diligence and care when deciding whether to participate in an Event or use other Services, accept a reservation request from a Customer, or communicate and interact with other Customers or Event Hosts, whether online or in person.
Togather has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Togather engages to provide the Services, that an Event Host chooses to assist with an Event, or that you choose to contract with when using the Services.
Responsibilities of Event Hosts
As an Event Host, you are solely responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your Events, and identifying and obtaining any required licenses, permits, or registrations for all Events you offer on the Site, including without limitation any applicable requirements related to preparing and serving food, selling and serving alcohol, offering sweepstakes or contests, operating tours, and operating vehicles. Without limiting any other representations or warranties provided elsewhere herein, you represent and warrant to us that you and your affiliates will: (i) comply with all applicable laws, rules, and regulations with respect to Events offered by you or your affiliates, (ii) obtain all applicable licenses, permits, registrations, and other authorizations (each, an “Authorization”) with respect to Events offered by you or your affiliates on the Site, (iii) confirm that all Customers and other participants in an Event meet the requirements of all applicable laws, rules, and regulations, licenses, permits, registrations, or other authorizations, including without limitation any age requirements, (iv) only request that Togather list an Event on the Platform after you have obtained all Authorizations required for such Event, including but not limited to (to the extent applicable) Authorizations to promote, produce, sponsor, host, and/or offer for sale tickets to such Event, Authorization necessary to allow the participation of minors, and Authorizations related to sanitary and similar requirements, (v) provide evidence of your compliance with any applicable law, rule, regulation, or Authorization upon request, and (vi) maintain in effect throughout the term of access to the Event all applicable Authorizations. You agree to provide evidence of Authorization and related information prior to offering tickets or registrations for Events on the Platform and promptly upon the reasonable request of Togather from time to time.
Fees, Registration Transfers, and Refunds
If you are a Customer, there is no fee for you to create an account and/or access the Services. You may be charged a fee to register for or buy a ticket to an Event. These fees may vary based on the type of Event, and may include, without limitation, royalties, taxes, processing fees and fulfillment fees. As an Event Host, your use of the Services to list and/or host events will be subject to your payment of the monthly subscription fees provided on the Site. Togather does not control and cannot disclose the fees levied by your bank and/or credit card company.
If you have purchased tickets as a Customer and wish to request a transfer of tickets to an Event you have purchased on Togather, please contact the Event Host to arrange for a transfer of tickets. You will not be entitled to any refunds, except only for extenuating circumstances as determined in the sole discretion of Togather. If you are unable to reach the Event Host, or the Event Host is unable to accommodate a refund request or arrange a ticket transfer, please contact us at email@example.com.
You acknowledge that should you receive a refund for your ticket, you will discard physical copies and delete electronic copies of any ticket that we or any Event Host has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed.
Togather will not be held liable under any circumstances for costs and/or damage: (i) associated with tickets arisen from fraud or suspected fraud, (ii) associated with the purchase of the ticket through non-official means, such as third parties (except pursuant to a transfer as approved by the Event Host or Togather), or (iii) from non-compliance by Event Hosts with applicable procedures that must be implemented by Event Hosts to check validity of tickets.
Togather is based in the United States. We provide the Site and Services for use only by persons located in the United States. The Site and Services are not directed to persons outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE, SERVICES, AND OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, SERVICES, AND OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TOGATHER DISCLAIMS ALL WARRANTIES REGARDING THE SITE, SERVICES, AND SUCH CONTENT WHATSOEVER AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. TOGATHER ALSO MAKES NO WARRANTIES THAT: (A) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SITE OR THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE.
LIMITATION OF LIABILITY
YOU AND TOGATHER AGREE THAT THIS SECTION, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND TOGATHER. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, TOGATHER WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU.
RELEASE AND INDEMNITY
You understand and agree that Events may carry inherent risk, such as risk of physical injury, and by choosing to participate in those Events, you freely and willfully assume those risks voluntarily. You hereby release Togather from all damages (whether direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive or otherwise), losses, liabilities, costs, and expenses of every kind and nature, whether known or unknown, arising out of or in any way connected with (i) a dispute between you and a third party (including other users) in connection with the Site, Services or any Event offered on the Site, or (ii) your or your affiliates' Authorization, any failure to obtain or maintain any Authorization, or any error in obtaining or maintaining any Authorization. You hereby waive any applicable law or statute which states, 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.”
Compliance with Export Restrictions
You may not access, download, use or export the Site or Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Services may be subject to the United States Export Administration Laws and Regulations and agree that none of the Services or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
If you are an Event Host, you represent, warrant, and agree that (i) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from or receive about other users, and (ii) you will at all times comply with any applicable policies posted on the Site with respect to information you collect from or receive about other users.
Third Party Sites and Additional Terms
Customers Needing Extra Assistance
Togather aims to provide full access to the Site and Services regardless of disability. If you are unable to read any part of the Site, or otherwise have difficulties using the Site or any Services, please contact us by email at firstname.lastname@example.org and we will assist you.
Governing Law; Jurisdiction and Venue
You have the right to opt out and not be bound by the dispute resolution provision set forth above by sending a written notice of your decision to opt-out to the contact information provided below in the Notice section, with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Site; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, Togather also will not be bound by them.
Your Rights to Submit a Takedown Notice
Togather respects the intellectual property rights of third parties and requires others to do so also. If you believe that your copyrighted work or other intellectual property right is being used on our Site in a manner that infringes your work, you must notify Togather as set forth below in this section.
Togather will investigate notices of claimed copyright infringement and other intellectual property violations that it receives and take necessary actions under the Digital Millennium Copyright Act (“DMCA”) regarding any asserted or actual infringement. To report such a claim, email Togather’s “Designated Copyright Agent” or “DMCA Agent” at email@example.com with the Subject line “Takedown Request Per DMCA”. This notice must be written and must contain the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right infringed;
• A description or the copyright work or other intellectual property right that you claim has been infringed;
• A description of the material that you claim is infringing and the location where the infringing material resides on our Site (such as a link to such material on our Platform);
• Your street address, telephone number, and email address;
• A statement that you have a good faith belief that the asserted infringing use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that all of this information recited above in your notice is accurate and complete and that you are the owner or authorized to act on behalf of the copyright owner or other intellectual property owner.
You may submit a “Counter-Notification” to our DMCA Agent if you believe that Your Content that was the subject of a DMCA notice, and that Togather removed, is not infringing (or is otherwise authorized by law) and was removed improperly. To submit this notice you must provide in writing:
• Your physical or electronic signature;
• Identification of the content that was removed and the location at which it appeared before its removal;
• A statement that you have a good faith belief that the content was removed as a result or a mistake or misidentification of that content;
• Your street address, telephone number, and email address; and
• A statement that you consent to jurisdiction of the federal courts within New York for the litigation of any disputes involving the counter-notification and that you will accept service of process.
Togather will send a copy of any counter-notification that it receives regarding Your Content to the complainant (copyright owner or other intellectual property owner), informing the complainant that it may restore the removed content within ten (10) business days. If the complainant declines to do so, unless the complainant files an action seeking a court order against the poster, Togather may restore that content in ten (10) to fourteen (14) business days after receipt of the counter-notification.