Terms of Service
C4E® TERMS OF SERVICE AGREEMENT (last updated 6/7/2016)
Please read this Service Agreement ("Agreement") carefully, as it sets out the terms and conditions of your use of the C4E call for entries Directory service ("the Service") powered by KodexioTM.
Acceptance of Terms
Use of our Service
You must be 18 years of age or older to register for an account with the service. In order to register you must provide accurate registration information that at a minimum includes a valid email address. You may not register multiple accounts.
You may terminate this Agreement at any time by notifying us in writing. We can terminate this Agreement and your access to the Service at any time, without prior notice, if you materially breach this Agreement.
If you are an organization and have registered for a paid or free listing the term of this Agreement (“Term”) is one (1) to twelve (12) months depending on the level of subscription purchased. Two weeks before the end of your Term, you may receive a renewal code that you may use to renew your listing for an additional Term. If you do not renew your listing by the due date provided, your listing will become inaccessible. If you choose to renew after your Term has expired, there may be fees to revive your listing or to establish a new account. The Service does not guarantee that data in expired accounts may be re-instated upon renewal.
At the time of termination, you agree to pay any outstanding amounts for the Service. You also agree that we (or our collection service) may charge your credit card for any fees still owed at the time of termination.
When your account is terminated, we can remove and/or delete all content in your account without any obligation to return to you any image, data or other information you previously provided which will be assumed at all times to exist in duplicate.
We can terminate free email newsletters and other services available to artists and other user subscribers at any time, without prior notice. Users receiving free notifications can opt-out by contacting us or following the opt-out option in related communications.
Payment and Service Fees
If your organization has a paid order, you agree to be billed in advance for your full Term. If your payment cannot be processed or is returned for any reason, including insufficient funds, we reserve the right to immediately suspend and/or terminate your access and account, thereby terminating this Agreement and all obligations to provide the Services. We have the right to change the amount of and/or basis for determining any fees or charges for Services. We can institute new fees and charges effective upon thirty (30) days’ notice to you prior to the commencement of a Renewal Term.
At this time there are no paid artist services.
You represent and warrant that you are at least 18 years of age and you agree that all information you are providing to register for the Service is current and accurate.
Submission of Materials
When uploading materials to the Service (“Materials”) or submitting Materials to us to upload you agree that all such Materials shall be in an approved digital format, as identified on the C4E call for entries website or as instructed by our staff. You acknowledge that we assume all Materials to be duplicates and that you have no recourse if we discard or destroy such Materials.
No Professional Advice
If the Service provides professional information (for example, professional referrals, tutorials, guides, etc.), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is qualified in the applicable area.
You agree that you will not do any of the following, any of which constitutes Service misuse (“Misuse”) and entitles us to immediately terminate this Agreement and your Service:
- Use the Service or permit the use of the Service in any way that is illegal, unlawful, obscene, indecent, or invasive of another’s privacy, hateful or harassing
- Infringe upon another's intellectual property rights
- Put images or content on your Listing that disparages us, our Service or other entities in our call for entries directory
- Use the Service to send unsolicited bulk e-mails ("spam") or cause heavy Internet traffic with batch emails, even if all recipients are authorized to receive emails from you
- Embed software code that may show content that is not appropriate or that may affect the performance of our servers
- You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Services, Kodexio's computer systems, or the technical delivery systems of Kodexio's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Kodexio (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Kodexio (NOTE: crawling the C4E Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Kodexio is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service; (vi) reproduce, transmit, display, distribute, frame, embed or mirror any of the Service materials or any third party’s materials hosted in the Service.
- Resell any portion of the Service without our written permission
- Use the Service in any way that allows you or others to gain access to the backend of the Service for business intelligence reasons, or to otherwise engage in corporate espionage
Please note that this is a non-exclusive list and that we reserve all rights to take prompt action, including terminating your use of the Service, if we reasonably conclude that you are engaging in activities that present undue risk to us or the Service.
Organization Listings and Responsibilities
You agree that you are solely responsible for:
- The actions of any of your Listing page contributors, whose postings and actions must comply with this Agreement
- Maintaining authorization documentation for any link addresses and/or “ADD-URLs” used in your Listing, to the extent that such documentation is required
- Ensure that you are adding original content. The information you submit to the C4E directory should not be a simple re-posting (copying) of content from other sites including your own website. If the C4E staff considers your content to be insufficiently original, the C4E staff may restructure part of your listing or suspend it.
- Ensure that your listings do not contain dead links at any time
- The confidentiality of the password for your account and any activities that occur through the use of it
We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You consent to receiving electronic communications from us via the email address entered in your “Account” page. You agree to keep your email address current and to ensure that the callforentries.com domain name is “white listed” (i.e. not blocked as spam) in your email applications. The electronic communications we send you may include notices about applicable fees and charges, transactional information, our newsletter, email announcements and other information related to our Site, Service and related services or advertisers. These electronic communications are part of your relationship with us and you receive them as part of your subscription to the Service. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Disclaimer of Warranties
You understand and acknowledge and agree that we DO NOT
- Operate or control the Internet or search engines and cannot guarantee Internet service that is sufficient to meet your needs.
- Warrant privacy of communication over the Internet.
- Have control over the infrastructures from other providers we use, such as Amazon, PayPal, Register.com and others, and therefore cannot be responsible for their service outages
You agree to defend, indemnify and hold harmless Kodexio and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KODEXIO OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, KODEXIO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
KODEXIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY DIRECTORY LISTINGS OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KODEXIO SERVICE OR ANY LINKED WEBSITE OR SERVICE, AND KODEXIO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Kodexio has no obligation to monitor information in the Service; however, Kodexio may monitor the Service and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate the Service and administer Kodexio's networks, or to protect itself or its other customers. Kodexio reserves the right to refuse to post or to remove any information or materials, in whole or in part, that in its sole discretion are determined to be unacceptable, undesirable or in violation of this Agreement. In no event shall Kodexio be deemed liable for any failure or delay due to any cause beyond Kodexio's control. Kodexio may delete any and all information associated with an account.
We offer paid subscribers free technical support as it relates to using our Service but there are limitations. One such limitation is that we will only support the person of record for the registered paid account. We cannot talk to other third parties on your behalf.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KODEXIO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL KODEXIO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KODEXIO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING DIRECTORY LISTINGS). IN NO EVENT SHALL KODEXIO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO KODEXIO HEREUNDER OR $100.00, WHICHEVER IS LESS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KODEXIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
If you are dissatisfied with the Service or these Terms and Conditions, your sole remedy is to terminate this Agreement.
All software programs in the service developed and operated by Kodexio are the property of Kodexio. You agree not to remove our copyright text or make it hard to read. You shall not copy, embed, distribute, license, or resell Kodexio’s Service without Kodexio's prior written consent. You may not use Kodexio's name or the C4E name in trademark, trade names or other proprietary identifying symbols without prior written approval. Kodexio owns all of the right, title and interest in the C4E service, the assets included in C4E for building, organizing, presenting and delivering listings.
By uploading images and content to the Service you grant Kodexio the right to use the content to promote the author, the event, and for the purpose of promoting the Service. You warrant that you have all the necessary rights and permission to upload your content and/or your clients’ content to the service. Kodexio will not resell your content or authorize its use outside the Service without your approval and consent. This statement also applies to the inclusion of images in the winning galleries which may be shown through the C4E Service indefinitely.
Assignment. Neither this Agreement, nor any of your rights or obligations herein, shall be transferable or assignable by you without Kodexio’s prior written consent and any attempted transfer or assignment hereof not in accordance herewith shall be null and void.
Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Maryland, without regard to its conflicts of law provisions.
Confidentiality. You agree that you are not using the Service to gain access to business intelligence.
Dispute Resolution. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any dispute relating to this Agreement that cannot be resolved by negotiation shall be settled by binding arbitration in accordance with the J.A.M.S./ENDISPUTE Arbitration Rules and Procedures, as amended by this Agreement. The costs of arbitration shall be borne by the prevailing party in the arbitration. Each party shall bear the cost of preparing and presenting its case. The parties agree that the arbitrator's authority to grant relief shall be subject to the United States Arbitration Act, 9 U.S.C. 1-16 et seq. ("USAA"), the provisions of this Agreement, and the ABA-AAA Code of Ethics for Arbitrators in Commercial Disputes. The arbitrator shall have no power to make any award that provides for punitive or exemplary damages. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings shall be governed by the USAA.
Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the Service and can be modified only by Kodexio.
Modifications. Neither the course of conduct between you and us shall modify any provisions of this Agreement. This Agreement may only be modified by Kodexio.
No Waiver for Breach. Either your or our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Promotional Use. You agree to allow us to link and access any non "restricted access" portions of your content to demonstrate and promote our services to prospective clients.
Severability. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.