Terms of Use Agreement

We are Supirb Technologies, LLC, a Washington limited liability company (“Supirb”) and we manage the SupirbEvents website as a service to our customers. By using the Supirb website (www.supirb.com), the SupirbEvents website (www.supirbevents.com), and all of their affiliated websites (collectively, the “Supirb Websites”), you are agreeing to comply with and be bound by the following Terms of Use Agreement (“Agreement”). Please review the following terms carefully.

  1. 1. Acceptance; Eligibility; Compliance; and Termination of Rights.
    1. 1.1 Acceptance of Agreement. By accessing or using any of the Supirb Websites or using goods or services offered therein including without limitation a Card (as defined in the Guidelines below) on the SubpirbEvents website (collectively, the Cards), you expressly agree to be subject to: (a) this Agreement; (b) the Supirb Privacy Policy (“Policy”; available at www.supirbevents.com/home/privacy); and (c) the Card Guidelines (“Guidelines”; available at www.supirbevents.com). If you do not agree to be subject to this Agreement, the Policy, and the Guidelines you must not access any Supirb Website, or use any goods or services offered therein. In conjunction with the Policy and Guidelines, this Agreement constitutes the entire and only agreement between Supirb and you concerning your use of the Supirb Websites, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your access and use of the Supirb Websites, and content, products, or services provided on or through the Supirb Websites, and the subject matter of this Agreement.
    2. 1.2 Age and Eligibility Requirements. The Supirb Websites are intended for users who are 18 years or older and who are capable of entering into legally binding contracts. If you are under 18 years of age or are incapable of entering into a legally binding contract, please do not access any of the Supirb Websites, or any content, products or services provided by or through the same.
    3. 1.3 Compliance. You must use the Supirb Websites in compliance with all applicable laws and regulations, and all applicable third-party policies and agreements including without limitation wireless data service agreements, online store policies and terms of use, and any related third-party website policies and terms of use.
    4. 1.4 Termination of Rights. Your right to use any of the Supirb Websites terminates immediately if you violate any provision of this Agreement.
  2. 2. Intellectual Property.
    1. 2.1 Content and Marks. With the exception of content provided by you on the Supirb Websites, Supirb owns, licenses or lawfully uses all of the content contained in the Supirb Websites including without limitation: (a) any text, software, graphics, photos, sounds, music, videos, designs, compilations, magnetic translations, digital conversion interactive features and the like (collectively, the “Content”); (b) any trademarks, service marks, trade dress and logos, whether owned by Supirb or any third party (collectively, the “Marks”); and (c) any know-how, methodologies, equipment, or processes used by Supirb to provide the Supirb Websites (collectively, the “Procedures”). The Content, Marks, and Procedures are provided to you “as-is” for your personal non-commercial use and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever not expressly permitted under this Agreement without the prior written consent of Supirb and any other respective owners. All rights not expressly granted under this subsection of this Agreement are expressly reserved.
    2. 2.2 Licenses To Supirb and Waiver of Rights. You hereby grant to Supirb an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to: (1) use any material or content that you submit on the Supirb Websites for the purpose of (i) use on the Supirb Websites, or (ii) marketing by Supirb by any means and in any available media, whether now known or yet to be developed; and (2) make any and all modifications to material or content that you submit on any of the Supirb Websites. You acknowledge and agree that you waive your moral rights to be identified as the author on any and all material or content identified under this subsection of this Agreement.
    3. 2.3 Intellectual Property Complaints. Supirb respects the intellectual property rights of others, and requires that anyone who uses any of the Supirb Websites do the same. If you believe that your work has been copied or displayed in a way that constitutes copyright infringement or infringement of another right, please submit a notice with the following information to Supirb’s Copyright Agent (as designated pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)) via mail or e-mail as provided below:
      1. Your address, telephone number, and email address;
      2. A description of the work(s) that you claim have been infringed;
      3. A description of where the alleged infringing material(s) are located;
      4. A statement by you that you have a good faith belief that the disputed use of such work(s) are not authorized by the owner, its agent, or the law;
      5. A statement by you, made under penalty of perjury, that all of the information in your notice is accurate and that you are the owner or are authorized to act on the owner’s behalf; and
      6. An electronic or physical signature of the person authorized to act on behalf of the owner of the work(s).
        1. Copyright Agent:
          1. Lucas S. Michels
            Spiro Harrison
            500 Union Street, Suite 800
            Seattle, Washington 98101
            Tel: +1 (206) 697-6100
            E-Mail: dmca@spiroharrison.com
    4. Should work(s) you had uploaded to any Supirb Website be removed or disabled by Supirb based upon a notice submitted by another Supirb Website user or rights holder pursuant to this subsection of the Agreement, and you believe that such a compliant is incorrect or submitted in error, you may submit a counter notice to Supirb’s copyright agent via the e-mail or mailing address detailed above including the following information:
      1. Your address, telephone number, and email address;
      2. A description of the work(s) that have been removed or to which access has been disabled and the location at which the work(s) appeared before it was removed or access to it was disabled;
      3. A statement by you, made under penalty of perjury, that you have a good faith belief that the work(s) were removed or disabled as a result of mistake or misidentification of material to be removed or disabled;
      4. A statement that You consent to (a) the jurisdiction of Federal District Court for the judicial district in which you are located (if you reside in the United States), (b) the jurisdiction of any Federal District Court in which Supirb may be located (if you reside outside of the United States), and (c) that you or your agent will accept service of process from the person or agent who provided the original notice to Supirb; and
      5. Your or your agent’s electronic or physical signature.
    5. 2.4 Editing, Deleting and Modification. Supirb reserves the right in Supirb’s sole discretion to edit or delete any documents, information, or other content that you provide to the Supirb Websites.
  3. 3. Indemnification. You will defend, indemnify and hold harmless Supirb, and any of Supirb’s employees, shareholders, officers, directors, agents and other affiliates (collectively, the “Affiliated Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including, without limitation, attorneys’ fees, arising from: (a) your use or misuse of any of the Supirb Websites; (b) your violation of any terms of this Agreement; (c) your violation of any third-party right, including, without limitation, any copyright, property, personality or privacy right; or (d) any claim that your use of any of the Supirb Websites caused damages to a third party. Your indemnity obligation under this section of this Agreement survives this Agreement and your use of the Supirb Websites.
  4. 4. Limitation of Liability. To the extent that the Supirb Websites are provided to you by Supirb, your use of any of the Supirb Websites is at your sole risk. To the fullest extent permitted by law, Supirb disclaim all warranties, express or implied, in connection with your use of the Supirb Websites, and will in no event be liable to you for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from any: (a) use of any of the Supirb Websites; (b) reliance of information or content provided on the Supirb Websites; (c) use of any third-party website linked from the Supirb Websites; (d) incompatibility or inaccessibility of any of the Supirb Websites; (e) personal injury or property damage of any kind resulting from your use of any of the Supirb Websites; (f) interruption or unavailability of any of the Supirb Websites; (g) inaccurate information posted on any of the Supirb Websites; and (h) bugs, viruses or similar code which may be transmitted to or through any of the Supirb Websites. The foregoing liability limitations apply to the fullest extent permitted by law.
  5. 5. Representations and Warranties. You affirm, represent and warrant that: (a) you are 18 years of age or older and are fully able and competent to enter into, accept and comply with this Agreement; (b) all information and content you provide on the Supirb Websites are accurate and truthful; (c) you will not use, copy or distribute in any medium, any part of the Content, Marks, or Procedures other than for purposes expressly provided for in this Agreement; (d) you will not alter or modify any part of any of the Supirb Websites, nor circumvent, disable or otherwise interfere with the security, copy-protection or use-restriction features of any Supirb Website, unless expressly permitted under this Agreement; (e) you will not access any of the Supirb Websites through any technology or means other than as explicitly authorized by Supirb (e.g. via any automated system, including without limitation, “robots” or “spiders”); (f) you will refrain from any act in relation to any of the Supirb Websites that is in breach of any law or regulation of any applicable jurisdiction; (g) you will not use any of the Supirb Websites for prohibited commercial uses including, without limitation, selling or distributing your account access information (i.e. username(s) and password(s)) for any of the Supirb Websites or copies of the Supirb Websites (in whole or part), unless expressly permitted in this Agreement or by express written agreement with Supirb; (h) you will refrain from any act in relation to any of the Supirb Websites that will harm Supirb or any third party, including without limitation, your use, delivery or transmission of any viruses, unsolicited e-mails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information in relation to any of the Supirb Websites; (i) you will not to access without authority, interfere with, damage or disrupt any part of any Supirb Website, any equipment or network on which any Supirb Website is stored and any software used in the provision of the Supirb Websites; (j) you will refrain from any act that may infringe or breach the intellectual property rights, privacy rights or other rights of Supirb, any Affiliated Party, or any other third party through your use of the Supirb Websites; (k) you will not in any way use any Supirb Website to submit to Supirb or any other person or entity, any information that may be deemed obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, or untrue; (l) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties; (m) you will adopt reasonable safety precautions to protect your account username(s) and password(s) for Supirb Websites; (n) you will refrain from any act contrary to any specific rule or requirement provided in this Agreement; (o) you will ensure that any credit information you supply to the Supirb Websites is true and complete; (p) you will ensure that any charges incurred by you on the Supirb Websites will be honored by your credit card company, and you will pay the charges you incurred on the Supirb Websites, including any applicable taxes.
  6. 6. Securities Laws. The Supirb Websites may include statements concerning Supirb’s operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond Supirb’s control. When used on the Supirb Websites, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Supirb Websites and the information contained therein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information or content contained on any of the Supirb Websites are intended to be, and will not be deemed to be, incorporated into any of our securities-related filings or documents.
  7. 7. Third Parties.
    1. 7.1 Third-Party Links. Each Supirb Website and Card may link to third-party websites and applications that are not owned or controlled by Supirb. Supirb does not endorse, has no control over, and assumes no responsibility for, without limitation, the content, terms of use, privacy policies or practices of any third-party website or application. By using or accessing any Supirb Website or Card, you expressly relieve Supirb from any and all liability arising from your use of any third-party website or application accessed from any Supirb Website or Card. You acknowledge and agree that Supirb will not be a party to or in any way be responsible for monitoring any interaction between you and any third-party website or application linked from a Supirb Website or Card.
    2. 7.2 Third-Party Content. Content on third-party website or application linked from any Supirb Website or a Card (collectively, Third-Party Content) is made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded or otherwise exploited without the authorization of such third-party website or application owner. Supirb is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Third-Party Content. Supirb does not endorse any content, opinion, recommendation or advice expressed in any Third-Party Content. Supirb expressly disclaims any and all liability arising out of or relating to: (a) your use of any Third-Party Content; and (b) any Third-Party Content that is inaccurate, offensive, indecent or objectionable. You expressly waive any legal or equitable rights or remedies you have or may have against Supirb and will indemnify and hold Supirb harmless to the fullest extent allowed by law regarding all matters related to your access and use of Third-Party Content.
    3. 7.3 Third-Party Product and Service Providers. Supirb may use third-party product and service providers to assist in the operation of the Supirb Websites including without limitation hosting, hardware, software, networking, storage, and related technology required to provide the Supirb Websites (collectively, Third-Party Providers). Supirb will make a good faith effort to notify and assist in remedying any failure of any Third-Party Provider to sufficiently provide any such services, but Supirb will not be liable to you for any failure of a Third-Party Provider to provide any such service to any Supirb Website.
    4. 7.4 Third-Party Software. The Supirb Websites may include various third-party software components or software services (Third-Party Software) that are provided to you under separate license terms with owners of such Third-Party Software owners (collectively, Third-Party Terms). You are permitted to use Third-Party Software in conjunction with the Supirb Websites, provided that such use is consistent with this Application, the Privacy Policy and applicable Third-Party Terms. Nothing in these Terms is intended to impose further restrictions on your use of the Third-Party Software in accordance with any Third-Party Terms.
    5. 7.5 Interoperation. The Supirb Websites may also enable interoperation with certain third-party operating systems and applications not included or authorized by Supirb. Supirb does not provide you with any licenses to such third-party operating systems and applications, and it is solely your responsibility to obtain all necessary licenses for such third-party operating systems and applications from their owners’ respective vendors.
  8. 8. Enforcement After Termination. All provisions of this Agreement will survive termination of your use of the Supirb Websites including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  9. 9. General Provisions.
    1. 9.1 Jurisdiction. The Supirb Websites are based in the United States (“U.S.”) and are deemed passive websites that do not give rise to personal jurisdiction over any of Supirb Websites, either specific or general, in jurisdictions other than the State of Washington. Supirb makes no representations that the Supirb Websites are appropriate or available for use in locations other than the U.S. Those who access or use Supirb from another jurisdiction other than the U.S. are responsible for compliance with such jurisdiction’s laws and regulations. If there is a dispute between you and Supirb relating to the terms of this Agreement, the party substantially prevailing will be entitled to recover all costs and expenses of any subsequent proceedings (including trial, appellate and arbitration proceedings), including the attorneys’ fees incurred therein. You consent to the jurisdiction and venue of the courts sitting in Seattle, Washington.
    2. 9.2 Governing Law, Jurisdiction and Dispute Resolution. This Agreement will be governed by and interpreted under the laws of the State of Washington. The parties will conduct friendly negotiations to resolve any dispute arising from or out of this Agreement, which may include mediation if requested by either party. Should mediation fail, you irrevocably consents to resolve any dispute or conflict arising out of or relating to the Agreement by binding arbitration in Seattle, Washington by one (1) arbitrator through JAMS Dispute Resolution Services, and in accordance with the American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures. Any judgment resulting from such a proceeding will be enforceable in any applicable state or federal Court. The party substantially prevailing in any such proceeding will be entitled to recover all costs and expenses of such proceeding, including reasonable attorney’s fees and costs.
    3. 9.3 Transferability. This Agreement will be binding on and inure to the benefit of you and Supirb and both parties’ respective successors, assigns, heirs and personal representatives. You will not assign or transfer any right or obligation under this Agreement without the prior written consent of Supirb and any attempted assignment without Supirb’ prior written consent will be null and void. Supirb may transfer any rights or obligations under this Agreement without your prior written consent.
    4. 9.4 Completeness and Severability. This Agreement and any other legal notices published by Supirb on the Supirb Websites constitutes the entire agreement between you and Supirb concerning your use of the Supirb Websites. If any provision of this Agreement is deemed invalid by a Court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which remain in full force and effect.
    5. 9.5 Waivers. No term or provision of this Agreement will be considered waived by Supirb, and no breach excused by Supirb, unless such waiver or consent is in writing and signed by Supirb. The waiver by Supirb of, or consent by Supirb to, a breach, of any provision of this Agreement by you will not operate or be construed as a waiver of, consent to, or excuse of any other or subsequent breach by you.
    6. 9.6 Terms and Website Modification. Supirb reserves the right, at its sole discretion, to modify or replace any and all of the terms of this Agreement, or change, suspend or discontinue the Supirb Websites or any aspect or portion thereof, at any time by posting a notice on the Supirb Websites or sending you a notice through the Supirb Websites or by e-mail. Supirb may also impose temporary limits on certain features on the Supirb Websites or restrict access to portions or all of the Supirb Websites without notice. Your unauthorized access to restricted sections of the Supirb Websites is a violation of this Agreement. Supirb will not be liable to you for any changes or modifications to this Agreement, except as expressly stated in writing between you and Supirb. Supirb suggests that you check the terms of this Agreement periodically for changes. Your use of the Supirb Websites following Supirb’ changes to the terms of this Agreement constitutes your acceptance of such changes.
    7. 9.7 Questions. Questions about the Supirb Websites should be sent to Supirb via e-mail to info@supirb.com. or via mail to Supirb Technologies, LLC, Attn: Services Questions, at P.O. Box 226, 1900 W. Nickerson St. Ste. 116, Seattle, WA 98119.
    8. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF ALL OF THE SUPIRB WEBSITES, AND ANY OF THE GOODS AND SERVICES PROVIDED THEREFROM.

Steal ajax loader
Black ajax loader