THE FOLLOWING DESCRIBES THE TERMS ON WHICH WEENTERTAINSENIORS.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for WeEntertainSeniors.com ("the website"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of WeEntertainSeniors.com and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement is effective on October 1, 2008 for new registering users and for all existing users who registered prior to October 1, 2008.
1.0 WeEntertainSeniors.com is a resource.
WeEntertainSeniors.com is not a booking 'agent'. It is important to realize that we are not a traditional "booking agent." Instead, our site acts as a resource to allow anyone to buy and sell live entertainment services for seniors. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell services or the ability of buyers to buy services. We cannot ensure that a buyer or seller will actually complete a transaction.
Because WeEntertainSeniors.com is a resource, in the event that you have a dispute with one or more WeEntertainSeniors.com Members or users, you release WeEntertainSeniors.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor 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 debtor."
1.2 Information Control.
We do not control the information provided by other Members and users that is made available through our system. You may find other Members and user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying, selling, booking, and communications when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and WeEntertainSeniors.com is not responsible for the acts or omissions of users on the Site.
Without limiting any other remedies, WeEntertainSeniors.com may suspend or terminate your account and/or Membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the Site.
1.4 Feedback Integrity.
You may not take any actions that may undermine the integrity of the WeEntertainSeniors.com feedback system. We may limit the number of client feedback reviews you may place on the Site based upon the level of your feedback. If you engage in the practice of libel, slander, foul language, threats and/or threatening language, WeEntertainSeniors.com has the right to remove or edit your feedback. WeEntertainSeniors.com also has the right not to edit or remove your feedback. All feedback will be published live on WeEntertainSeniors.com at the discretion of WeEntertainSeniors.com.
1.5 Feedback Export.
You acknowledge that your feedback consists of comments left by other Members. Because feedback is not designed for any purpose other than for facilitating booking between WeEntertainSeniors.com members and users, you agree that you shall not market or export your WeEntertainSeniors.com feedback rating in any venue other than a WeEntertainSeniors.com operated website.
1.6 Feedback Import.
We do not provide you the technical ability to import feedback from other (non-WeEntertainSeniors.com operated) websites to WeEntertainSeniors.com.
2.0 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WEENTERTAINSENIORS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF WEENTERTAINSENIORS.COM OR A WEENTERTAINSENIORS.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4.0 Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of live entertainment services and other related items.
5.0 No Agency.
You and WeEntertainSeniors.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to WeEntertainSeniors.com Attn: Legal Department, P.O. Box 3412 , Mission BC, V2V 4J5 (in the case of WeEntertainSeniors.com) or to the e-mail address you provide to WeEntertainSeniors.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to WeEntertainSeniors.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
7.0 Entertainer / Activity Coordinator Membership.
WeEntertainSeniors.com has the explicit right to temporarily suspend or permanently de-activate the Membership of any WeEntertainSeniors.com Member who fails to reply to three or more consecutive WeEntertainSeniors.com emails. WeEntertainSeniors.com has the explicit right to temporarily suspend or permanently de-activate the Membership of any WeEntertainSeniors.com Member who falsifies bookings and/or client information. WeEntertainSeniors.com has the explicit right to temporarily suspend or permanently de-activate the Membership of any WeEntertainSeniors.com Member who has been a "no-show" for more than one show that they received by advertising on WeEntertainSeniors.com and/or fails to return the client's deposit for said no-show. WeEntertainSeniors.com has the explicit right to temporarily suspend or permanently de-activate the Membership of any WeEntertainSeniors.com Member who cancels (for any reason) a booking on a WeEntertainSeniors.com client and subsequently fails to return the client's deposit. Capital letters may not be used when not appropriate in Entertainer Proformer / Company names and Entertainer descriptions. Derogatory and/or slanderous comments made by WeEntertainSeniors.com Members about other WeEntertainSeniors.com Members and/or other non-WeEntertainSeniors.com Members are not permitted. Derogatory and/or slanderous comments made by WeEntertainSeniors.com Members about other implied WeEntertainSeniors.com Members and/or other implied non-WeEntertainSeniors.com Members are not permitted. Discouraging clients from hiring other WeEntertainSeniors.com Members is not permitted. We Entertain Seniors also has the explicit right to remove any WeEntertainSeniors.com Member at any time as circumstances warrant.
8.0 Two Strike Rule.
If WeEntertainSeniors.com has warned any WeEntertainSeniors.com Member one-time about any Membership violations in this User Agreement, and said Member has corrected and resolved the violation, and then said Member violates anything contained within the WeEntertainSeniors.com User Agreement a second time, WeEntertainSeniors.com shall permanently ban said Member from WeEntertainSeniors.com Membership effective immediately. WeEntertainSeniors.com also has the explicit right to remove any WeEntertainSeniors.com Member at any time as circumstances warrant.
9.0 Client Membership.
There is no charge to use our website and contact our Entertainers. If you are hired or hire a WeEntertainSeniors.com Entertainer for your event, WeEntertainSeniors.com does not charge a booking fee.
The services hereunder are offered by WeEntertainSeniors.com, P.O. Box 3412 , Mission BC, V2V 4J5, Canada.