Terms of service
Terms of Service Overview
Below is an overview of our Terms of Service for our “Platform”, which includes any website, application, or service we (“Offen”) offer. You should read the complete Terms of Service because that document (and not this overview) is our legally binding agreement. We reserve the right to change, edit, or add to these Terms of Service at any point.
The Terms of Service includes information about your legal rights and covers areas such as automatic subscription renewals, limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.
Your Relationship with Offen:
• By using our Platform, you are agreeing to our Terms of Service. That is a legally binding agreement between you and Offen.
• If you break the rules, we may suspend or terminate your account in our sole discretion.
• You are responsible for your “Content”, which means any information, material, or other content posted by you to our Platform. Your Content must comply with our Terms of Service.
• We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote, and protect Offen and our Platform for the benefit of you and others. By posting Content, you grant us that license.
• We are not responsible for Content that members post or the communications that members send using our Platform. We generally don’t review Content before it’s posted, but reserve the right to do so. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.
• We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go as planned. We apologize in advance for any inconvenience.
• We are continually improving our Platform. This means that we may modify or discontinue portions of our Platform.
• By using our Platform, you agree to the limitations of liability and release in our Terms of Service. Except as specified in our Terms of Service, you also agree to resolve any disputes you may have with us through arbitration, and you are waiving your right to seek relief from a judge or jury in a court of law, except as otherwise provided for in the Terms of Service. Claims can only be brought individually, and not as part of a class action.
Terms of Service
Last Updated: February 24, 2021
Our Terms of Service contain important information about your legal rights.
1. This Agreement
Summary: You agree to follow some basic rules when using Offen’s Platform. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules.
1.1 The Agreement. Offen enables you and other members to arrange online and off-line, real-world events. The terms “Offen,” “we,” “us,” and “our” include Offen, LLC and our affiliates. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by Offen, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. Your use of the Platform is conditioned upon your acceptance of this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
1.2 Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement.
2. Your Account and Membership
Summary: You need to be at least 18 years old to use our Platform. Offen organizers control the Content and membership of their Offen events. However, we may remove any Content you post or terminate your account at any time at our sole discretion.
2.1 Eligibility. Our Platform is available to anyone who is at least 18 years old. You represent that you are at least 18 and have the capacity to enter into this Agreement. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform. For example, the eligibility requirements for an Offen group or Offen event may be set by the organizers of that group.
2.2 Suspension of Your Account. We may modify, suspend or terminate your account or access to the Platform if, at our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Offen community, or to protect our brand or Platform. We also may remove accounts of members who are inactive for an extended period of time. Creating duplicates of events goes against our Terms of Service and we may remove your content and/or terminate your account if we see such behavior.
2.3 Account Information and Security. When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately.
2.4 College Student Accounts. College students may sign up for Offen with their university email address in order to connect with other students in their university and other universities. By signing up for this account, you acknowledge that events may show up which are only intended for college students as chosen by the event creator. These events are meant to be available only to students attending universities as selected by the event creator.
3. Your Content and Privacy
Summary: You are responsible for the Content you post on our Platform. You give us a license to use this Content to operate, improve, promote, and protect Offen and our Platform.
3.1 Your Content. You are solely responsible for your Content. We use the word “Content” to mean any information, material, or other content posted to our Platform or otherwise provide to us (such as feedback, comments, or suggestions shared with us). You agree that you and your Content shall not violate the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights) or this Agreement. Offen is not a platform that may be used to promote your business or services if it is not in the form of an event. Further, you will not create or post Content that: (1) promotes racism, bigotry, hatred, physical or emotional harm of any kind against any group or individual; (2) constitutes or advocates harassment or intimidation of any group or individual; (3) is obscene, pornographic, or sexually explicit; (4) solicits information from users who are under the age of 18; (5) is defamatory or libelous; (6) depicts another person’s likeness without their consent; or (7) advocates any illegal activities.
3.2 Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Offen and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant Offen a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, transmit, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. Tip: This license doesn’t give us ownership of any of your Content. It simply gives us and members the right to use it on or related to the Platform. This license continues even if you close your account because it’s necessary for us to operate the Platform.
3.3 Privacy. Offen collects registration and other information about you through our Platform.
Tip: Offen has no control over how other members may use information that you provide to them, so you should exercise common sense and good judgment when sharing information with others on our Platform.
4. Your Use of Our Platform
Summary: We require that you follow our policies and guidelines when using our Platform. We have no responsibility for Content that anyone posts to our Platform. We grant you a limited, nonexclusive, non-transferable, revocable license to use the Platform in accordance with this Agreement.
4.1 Our Policies, Guidelines and Applicable Laws. When you use our Platform, we require that you agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. If you do not comply, we may modify, suspend or terminate your account or access to the Platform, in our sole discretion.
4.2 Content of Others. Offen does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.
4.3 Interactions with Others. Offen is not a party to any offline arrangements made through our Platform. Offen does not conduct or require background checks on members, and does not attempt to verify the truth or accuracy of statements made by members. Offen makes no representations or warranties concerning the conduct or Content of any members or their interactions with you. Tip: Exercise common sense and good judgment when using our Platform and interacting with other members, both on our Platform and at Offen events. If you have a concern regarding other members, you can report it to [email protected]
4.4 No Resale. Our Platform contains proprietary and confidential information and is protected by intellectual property laws. Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform, including any data, or Content of others.
4.5 No Technical Interference with the Platform. You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform.
4.6 Platform Modifications. We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.
4.7 Third Party Sites and Services. The Platform contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
5. Release
Summary: You agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with an Offen event. You also agree not to hold organizers responsible for their negligence in connection with their Content or event.
You agree to release us and our officers, directors, shareholders, members, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “Offen Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with an Offen event. You also agree to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content or an Offen event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
6. Indemnification
Summary: You agree to reimburse us if we get sued in connection with your use of our Platform.
You agree to indemnify, defend and hold all Offen Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in an Offen event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Offen Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
7. Warranty Disclaimer and Limitation of Liability
Summary: Our Platform is provided to you “as is” and we make no warranties of any kind with respect to our Platform.
7.1 Warranty Disclaimer. Our Platform is provided to you “as is” and on an “as available” basis. We disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform.
7.2 Limitation of Liability. You agree that in no event shall any Offen Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Offen Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from Offen events, attendance at Offen events, participation in or exclusion from Offen groups or Offen events and the actions of you or others at Offen events, or (d) any other matter relating to the Platform. The limitations set forth above in this Section 7 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct.
8. Dispute Resolution
Summary: If you have a dispute with Offen, you agree to try to work it out directly with us first. If we can’t work it out, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action. Offen has no obligation to get involved with any disputes you have with other members, although we may try to facilitate a resolution.
8.1 Informal Resolution. Before making any claim, you and Offen agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in Offen events. You or Offen may initiate this process by sending written notice to [email protected] describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days of receipt of the initial notice, you or Offen may bring a claim in accordance with Section 9.2.
8.2 Arbitration Agreement. Except as set forth in Section 9.5, you agree to submit any claim to JAMS, Inc., or its successor, (“JAMS”) for final, confidential, and binding arbitration. In arbitration certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Offen are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with Offen.
8.3 Arbitration Time for Filing. Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
8.4 Arbitration Procedures. Either party may commence arbitration by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS Rules”) in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in Los Angeles, California or elsewhere as required by JAMS Rules. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by JAMS Rules, can award costs, fees and expenses, including attorneys’ fees to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
8.5 Exceptions. You or Offen may assert claims, if they qualify, in small claims court in Los Angeles, California. You or Offen may seek injunctive relief from a court of competent jurisdiction in Los Angeles, California as necessary to protect the intellectual property rights of you or Offen pending the completion of arbitration. Offen may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, Platform operations, or unauthorized use of our Platform or intellectual property. Nothing in this Section 9 shall diminish Offen’s right to modify, suspend or terminate your account or access to our Platform under Section 2.2.
8.6 Arbitration Opt Out. You may decline to resolve disputes through arbitration by emailing us at [email protected] within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your Offen account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Sections 9.2, 9.3, and 9.4 of this Agreement do not apply to you. This opt-out does not affect any other sections of this Agreement, such as Sections 9.5 (Exceptions), 9.7 (Class Action Waiver), 11.3 (Governing Law), and 11.4 (Time for Filing).
8.7 Class Action Waiver. You agree to resolve disputes with Offen on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
9. Intellectual Property
Summary: You are not to use Offen’s intellectual property without our prior written consent. If you believe your material on the Platform infringes upon any copyright or trademark that you own or control, please contact [email protected]
9.1 Intellectual Property of Offen. Offen trademarks, logos, service marks, and service names are the intellectual property of Offen. You agree not to use our intellectual property without our prior written consent.
10.2 Intellectual Property of Others. Offen respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers.
9.3 Intellectual Property Complaints. If you believe that any material on the Platform infringes upon any copyright or trademark that you own or control, you may file a notice of such infringement (“Notice”) with our support team at [email protected]
Please provide the following with your Notice:
1. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
2. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the property interest involved or that you are authorized to act on behalf of that owner;
3. Your address, telephone number, and email address; and
4. Your physical or electronic signature.
We will remove the infringing Content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
10. Other Stuff
Summary: This section contains terms we have added for miscellaneous purposes. Please continue to read this section carefully.
10.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Offen, superseding any prior agreements between you and Offen on such subject matter.
10.2 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Offen is intended or created by this Agreement. A member of the Offen Platform is not Offen's representative or agent, and may not enter into an agreement on Offen’s behalf.
10.3 Governing Law. This Agreement and the relationship between you and Offen shall be governed by the laws of the State of California without regard to its conflict of laws provisions, except as set forth in Section 9.
10.4 Time for Filing. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
10.5 Assignment. This Agreement is not assignable, transferable or sublicensable by you except with Offen’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Offen’s assets, or similar transaction.
10.6 No Waiver. A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
10.7 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Offen nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions of this Agreement will remain in full force and effect.
10.8 Thank you. Please accept our wholehearted thanks for reading our Terms of Service.
10.9 Termination. If we terminate your account or access to our Platform, this Agreement terminates with respect to the member account that has been terminated. However, certain provisions of this Agreement that by their nature survive termination shall survive termination, including those terms listed below in Section 11.1 (Survival).
10.10 Survival. Sections 3.2 (Content License from You), 3.3 (Privacy), 5 (Release), 6 (Indemnification), 7 (Warranty Disclaimer and Limitation of Liability), 8 (Dispute Resolution), 10 (Other Stuff) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.
10.11 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The information in the “Welcome” section, “Terms of Service Overview” section, and in the “Tips” and “Summary” sections is also for convenience only and has no legal or contractual effect.
10.12 Violations. Please report any violations of this Agreement by a member or third party by sending an email to [email protected]
10.13 Notice for California Consumers. Under California Civil Code Section 1789.3, California users of the Platform, upon use of applicable services (as defined by California Civil Code Section 1789.2) may file a complaint regarding an applicable service and receive further information on resolving such complaints from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs online at http://www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.
