Last Updated: October 22, 2019
Acceptance of Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOU, and to abide by and comply with these TOU. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services.
These Terms expressly supersede prior agreements or arrangements with you. Towwn may immediately terminate these TOU or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. In this Agreement, the words “including” and “include” mean “including, but not limited to.” We may amend the TOU related to the Services from time to time. Amendments will be effective upon our posting of such updated TOU at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the TOU, as amended.
Description of Services
Through our Website and the Towwn App available at various mobile application stores (e.g., Apple App Store), we provide you with access to a variety of resources, including download areas for the Towwn App and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
The Towwn App allows you to create one (1) universal consumer profile that enables you to perform aggregated searches for events, invite friends to join you at events, RSVP when you are invited to events, create event groups and chat with event groups.
Third-Party Services and Content
Subject to your compliance with these Terms, Towwn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Towwn application on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Towwn and Towwn’s licensors.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not (i) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services; (ii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iii) link to, mirror or frame any portion of the Services; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (v) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services and all rights therein are and shall remain our property or the property of our licensors. Neither these TOU nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Towwn’s company names, logos, product and service names, trademarks or services marks.
Privacy and Protection of Personal Information
Your Use of the Service
Personal Use Only and Conduct
Your Account is for your own personal use, and you may not permit anyone else to use your Account. The Services are intended to be used by people who want to find and share events. Use of the Services for any other purpose, (including but not limited to using the Services or information obtained from the Services to solicit, advertise to or contact Users for any other purpose) is prohibited. You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Services to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, terminating Accounts or blocking users with certain IP addresses from accessing the Services.
You may from time to time receive personal information of another User. Any personal information you receive, however, may only be used for the specific purpose it was provided to you in connection with the Services.
Text Messaging and Push Notifications
By creating an Account, you agree that our Application and Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from us at any time by replying STOP to the text messages you receive from Towwn. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. We do not charge for sending text messages, but your carrier may charge you.
Users of Services may receive push notification alerts from Towwn or other users. Upon creating an Account, you may opt-in or opt-out of receiving push notification alerts from Towwn in the settings within the Towwn App. You may change those preferences at any time on your own mobile device in the settings within the Towwn App.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by applicable laws, rules and regulations and these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Towwn or any other server, or the network(s) connected to any Towwn or any other server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Towwn or any other server or to any of the Services, through hacking or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Right to Terminate or Suspend Services
We may suspend or terminate your access to and use of the Services (or any portion thereof) at any time without notice (i) for any reason or no reason at all, or (ii) if we believe that any activity or use of Services in connection with your account violates the TOU, the intellectual property rights of a third party or applicable laws, or is otherwise disruptive or harmful to Towwn or any third party, or (iii) if we believe that we are required to do so by law.
Notices and Procedure for Making Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent:
if by mail to:Towwn Media LLC
Attn: General Counsel
PO Box 18594
Golden, CO 80402
if by e-mail to:
Links to Third Party Sites
LINKED SITES ARE NOT UNDER THE CONTROL OF TOWWN AND TOWWN IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. TOWWN IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. TOWWN IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TOWWN OF THE SITE.
Disclaimer and Release; Limitation of Liability; Indemnity
Disclaimer and Release
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF TOWWN AND ITS AFFILIATED PARTIES (“AFFILIATED PARTIES” MEANS TOWWN’S OFFICERS, DIRECTORS, MEMBERS, AGENTS, ASSIGNEES, REPRESENTATIVES, MARKETING PARTNERS, LICENSORS, INDEPENDENT CONTRACTORS AND EMPLOYEES.). EACH OF THE PARAGRAPHS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TOWWN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TOWWN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
YOU AGREE TO RELEASE TOWWN AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SERVICES OR (II) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS.
TOWWN MAKES NO CLAIMS OR PROMISES ABOUT (I) THE OPINIONS, ADVICE, STATEMENTS, REVIEWS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE ON THE APPLICATION OR THROUGH THE SERVICES BY USERS, OR (II) THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE APPLICATION OR AVAILABLE THROUGH THE SERVICES.
Limitation of Liability
IN NO EVENT WILL TOWWN OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING OR ARISING FROM (I) INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APPLICATION OR TRANSMITTED TO OR BY ANY USER OF THE SERVICES, OR (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS.
YOU AGREE THAT NEITHER TOWWN NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.
WITHOUT LIMITING ANY OTHER PROVISION IN THESE TOW, TOWWN’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TOU IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO TOWWN IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
You agree to indemnify, defend, and hold harmless Towwn and its affiliates and their respective members, shareholders, managers, directors, officers, employees, affiliates, agents, representatives, contractors, licensors, suppliers and service providers (the “Towwn Parties”) from and against any and all third party claims alleged or asserted against any of them, and all related charges, damages, losses, liabilities, judgements, penalties, fines, costs and expenses (including, but not limited to, attorneys’ fees and costs) arising from or relating to: (i) any actual or alleged breach by you of any provisions of this TOU; (ii) any access to or use or misuse of the Services by you; (iii) any actual or alleged violation by you of the intellectual property, privacy or other rights of a third party; and (iv) any dispute between you and another party regarding ownership of or access to your data. You agree that you will cooperate as reasonably requested by Towwn in the defense of such claims. The Towwn Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.
Governing Law, Attorneys’ Fees. Colorado law governs this TOU, as well as any claim, cause of action or dispute that might arise between you and Towwn, without regard to conflict of law provisions or the United Nations Convention on the International Sale of Goods. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts in the City and County of Denver, Colorado, USA. In any action to enforce this TOU the prevailing party will be entitled to costs and attorneys’ fees.
Mandatory Informal Dispute Resolution. If you have any dispute with Towwn arising out of or relating to this TOU, you agree to notify Towwn in writing with a brief, written description of the dispute and your contact information, and Towwn will have thirty (30) days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction.
Waiver and Severability. No waiver of any provision of this TOU by Towwn will be effective unless in writing and signed by Towwn. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this TOU is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this TOU will remain in effect.
Assignment. You may not assign, delegate or transfer this TOU in whole or in part, without Towwn’s prior written consent. Towwn may assign, transfer or sublicense any or all of Towwn’s rights or obligations under this TOU without restriction.
Notices. Any notices provided by Towwn under this TOU may be delivered to you within the Services. You hereby consent to receive notice from Towwn through the foregoing means, and such notices will be deemed effective when sent if on a business day, and if not sent on a business day then on the next business day. Except as otherwise specified in this TOU, any notices to Towwn under this TOU must be delivered via first class registered U.S. mail, overnight courier, to Towwn, Attn: General Counsel, 3753 South Summit Lane, Evergreen, CO 80439.
Force Majeure. Neither party will be liable for any failure or delay in performance under this TOU (other than for delay in the payment of money due and payable hereunder) for causes beyond that party’s reasonable control and occurring without that party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Towwn’s or your employees, respectively), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Electronic Communications and Signatures. You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
Relationship of the Parties. This TOU does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Towwn.
Entire Agreement. This TOU, together with any terms and policies that are incorporated into this TOU by reference (including by reference to a URL), constitute the entire agreement and supersedes any prior agreements between you and Towwn with respect to the subject matter hereof. This TOU supersedes and replaces all prior and contemporaneous agreements, proposals or representations, written or oral, between Towwn, on the one hand, and you on the other hand.