These terms and conditions (the "Event Terms") govern attendance and participation in events listed on the Checkle website, including parties, promotions, and contests.As used throughout these Event Terms, the terms "we", "us", "our", and "Checkle" refer to Checkle Inc.,. The term "Checkle Event" means an event, gathering, promotion, contest, meet-up or the like that is organized or hosted by Checkle. "Non-Checkle Event" means an event, gathering, promotion, contest, meet-up or the like that is organized by someone other than Checkle but that may appear or be listed on the Checkle website.In order to participate or attend a Checkle 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 Checkle Event. If you RSVP to any Checkle or Non-Checkle Event through the Checkle site (e.g., by clicking "I'm In!," "RSVP," or messaging an event organizer), you signal that you have read, understand, and agree to these Event Terms.
1. TRANSLATIONS Our foreign language skills aren't perfect, so while we translate these Event Terms into other languages for your convenience, any inconsistencies among the different versions will be resolved in favor of the English version. Similarly, any inconsistencies between these Event Terms and the will be resolved in favor of the Event Terms.
2. QUALIFICATIONS You represent that (a) you are at least 21 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 Checkle's Content Guidelines.
3. PHOTOS Checkle and its sponsors and vendors sometimes take photos and videos at Checkle Events, and later use them for promotional purposes. By participating or attending any Checkle 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 Checkle 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-Checkle Events or the people that organize them. It's possible that organizers or attendees of Non-Checkle Events will take photos or shoot videos in which you appear and then post them online (including, possibly, the Checkle site). By RSVP'ing to a Non-Checkle Event through the Checkle site, you authorize Checkle'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 Checkle Events, accidents or other bad things happen, even to good people. We ask that you do your part to help limit the possibility that you might get injured at a Checkle 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 Checkle Event. For example, you should ensure that you are in good physical health before engaging in any physical activity at a Checkle 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 Checkle 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 Checkle 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 Checkle is not responsible for any injuries or accidents that you might sustain at Non-Checkle Events listed on the Checkle 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 Checkle 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 Checkle or Non-Checkle 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 Checkle, 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 Checkle or Non-Checkle Event.
5. TERMINATION While we hope not to, Checkle may prohibit your attendance at any Checkle Event at any time if you fail to abide by these Event Terms, the Terms of Serve, 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 California law will govern these Event Terms, as well as any claim, cause of action or dispute that might arise between you and Checkle (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 STATE AND FEDERAL COURTS LOCATED WITHIN HUNTSVILLE, ALABAMA.
7. GENERAL TERMS You agree that you will not represent yourself as an employee, representative, or agent of Checkle (unless, of course, you are actually employed by Checkle, in which case these Event Terms will govern your participation in any Checkle Event to the extent such Terms are not inconsistent with Checkle's standard employment agreements or policies). We reserve the right to cancel any Checkle Event at any time, for any reason, and without liability or prejudice. Any failure on Checkle'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.
8. UNOFFICIAL CHECKLE EVENTS From time to time, members of the Checkle Community organize their own meet-ups and events (sometimes called "UCEs" or "Unofficial Checkle Events"). Although Checkle representatives sometimes join in the fun, UCEs are Non-Checkle Events and are not sponsored or endorsed by Checkle, even when they are promoted on the Checkle website. If you organize a UCE, you agree to (a) promote it as such, and (b) not create the impression that it is sponsored or endorsed by Checkle. All terms and conditions relating to Non-Checkle Events apply equally to UCEs.
