Event Terms and Conditions
Last Updated on 27 July, 2016. These Event Terms and Conditions are effective immediately.
These terms and conditions (the "Event Terms") govern attendance and participation in events listed on the Chocoholic website, including parties, promotions, and contests.
As used throughout these Event Terms, the terms "we", "us", "our", and "Chocoholic" refer to the publishers of the app Chocoholic. The term "Chocoholic Event" means an event, gathering, promotion, contest, meet-up or the like that is organized or hosted by Chocoholic. "Non-Chocoholic Event" means an event, gathering, promotion, contest, meet-up or the like that is organized by someone other than Chocoholic but that may appear or be listed on the Chocoholic website.
In order to participate or attend a Chocoholic Event, you must first agree to these Event Terms. If, after reading these Event Terms, you find that you cannot or will not agree to any terms or conditions within it, please do not RSVP to or attend any Chocoholic Event. If you respond to any Chocoholic or Non-Chocoholic Event through the Chocoholic site (e.g., by clicking "I'm coming!," or messaging an event organizer), you signal that you have read, understand, and agree to these Event Terms.
If you're a Chocoholic employee or agent, any inconsistencies between these Event Terms and other agreements you may have entered into with Chocoholic will be resolved in favor of your employment agreements or contracts.
Any inconsistencies among the different versions of these Event Terms will be resolved in favor of the English version. Similarly, any inconsistencies between these Event Terms and the Terms of Service will be resolved in favor of the Event Terms.
You represent that (a) you are at least 18 years old (or otherwise over the legal drinking age in your jurisdiction), (b) you have the requisite power and authority to enter into these Event Terms, and (c) you have read and understood these Event Terms as well as Chocoholic's Terms of Service and Content Guidelines.
Chocoholic and its sponsors and vendors sometimes take photos and videos at Chocoholic Events, and later use them for promotional purposes. By participating or attending any Chocoholic Event, you agree that you may appear in some of these photos and videos, and you authorize their use in this fashion. On the flip side, if you take any photos or videos of attendees at a Chocoholic Event and provide them to us, you authorize us to use them in the same fashion, and represent that the attendees that appear in your photos and videos have also consented to such use.
We don't control Non-Chocoholic Events or the people that organize them. It's possible that organizers or attendees of Non-Chocoholic Events will take photos or shoot videos in which you appear and then post them online (including, possibly, the Chocoholic app). By responding to a Non-Chocoholic Event through the Chocoholic site, you authoize Chocoholic's use of such media for promotional purposes.
4. ASSUMPTION OF RISK / RELEASE OF LIABILITY / INDEMNITY
(a) Assumption of Risk. Although we try to create a safe environment at Chocoholic Events, accidents or other bad things happen. We ask that you do your part to help limit the possibility that you might get injured at a Chocoholic Event.
You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate at a Chocoholic Event. For example, you should ensure that you are in good physical health before engaging in any physical activity at a Chocoholic Event, and you should always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired. Second, please note that some of the other Chocoholic Event guests may be less responsible than you, and may themselves create additional risk to you despite their best intentions.
In sum, you understand that your attendance and participation at Chocoholic Events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.
By the same token, you agree that Chocoholic is not responsible for any injuries or accidents that you might sustain at Non-Chocoholic Events listed on the Chocoholic site.
(b) Release of Liability. You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue Chocoholic and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys fees) which may arise out of, result from, or relate in any way to your attendance at any Chocoholic or Non-Chocoholic Event, except, of course, for any gross negligence or willful misconduct on our part.
(c) Indemnity. By the same token, you agree to indemnify and hold Chocoholic, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at any Chocoholic or Non-Chocoholic Event.
Chocoholic may prohibit your attendance at any Chocoholic Event at any time if you fail to abide by these Event Terms, the Terms of Service, or for any or no reason, without notice or liability of any kind. In the event of any termination, whether by you or us, Sections 1, 3-9 of these Event Terms will continue in full force and effect.
6. CHOICE OF LAW AND VENUE
Slovenian law will govern these Event Terms, as well as any claim, cause of action or dispute that might arise between you and Chocoholic (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURT LOCATED IN SLOVENIA.
7. GENERAL TERMS
You agree that you will not represent yourself as an employee, representative, or agent of Chocoholic (unless, of course, you are actually employed by Chocoholic, in which case these Event Terms will govern your participation in any Chocoholic Event to the extent such Terms are not inconsistent with Chocoholic's standard employment agreements or policies). We reserve the right to cancel any Chocoholic Event at any time, for any reason, and without liability or prejudice. Any failure on Chocoholic's part to exercise or enforce any right or provision of the Event Terms does not constitute a waiver of such right or provision. If any provision of the Event Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Event Terms shall otherwise remain in full force and effect and enforceable.
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