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Terms of Service


These Terms of Service are a contract between you and Citrus Boston Marketing Group Inc., a company with its principle place of business at 156 Newton St. Suite 5, Boston, MA 02135 USA (“Citrus Boston Marketing Group”). Citrus Boston Marketing Group operates www.Guestlyst.com (“Guestlyst Site”) and the event reservation process, collection and storage services therein (collectively the “Service”). By using the Guestlyst Site and any services accessible from the Guestlyst Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Guestlyst Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE GUESTLYST SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE GUESTLYST SITE AT YOUR OWN RISK.

 

Your Account.

In order to open an “Account” on the Guestlyst Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by Citrus Boston Marketing Group during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Citrus Boston Marketing Group cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Guestlyst Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to Citrus Boston Marketing Group’s Privacy Policy.

One person or legal entity may not maintain more than one free Account. Accounts registered by “bots” or other automated methods are not permitted.

 

License Grants & Restrictions.

Citrus Boston Marketing Group hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Guestlyst Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Guestlyst Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Guestlyst Site. All rights not expressly granted to you are reserved by Citrus Boston Marketing Group and its licensors. You shall not (i) modify or make derivative works based upon the Guestlyst Site; (ii) reverse engineer or access the Guestlyst Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Guestlyst Site, or (c) copy any features, functions or graphics of the Guestlyst Site. You further acknowledge and agree that, as between the parties, Citrus Boston Marketing Group owns all right, title, and interest in and to the Guestlyst Site, including all intellectual property rights therein.

 

Your Responsibilities.

You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Guestlyst Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.

You shall: (i) notify Guestlyst.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Guestlyst.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.

You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Guestlyst Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Guestlyst Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Guestlyst Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

 

Impermissible Acts.

As a condition to your use of the Guestlyst Site, you agree not to:

  • upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
  • phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Guestlyst Site;
  • upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Guestlyst Site;
  • reverse engineer, decompile or disassemble any of the software used to provide the Guestlyst Site;
  • reproduce, duplicate or copy or exploit any other portion of the Guestlyst Site, without the express written permission of Citrus Boston Marketing Group;
  • interfere with or disrupt the Guestlyst Site, or any servers or networks connected to the Guestlyst Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Guestlyst Site;
  • obtain, collect, store or modify the personal information about other users;
  • modify, adapt or hack the Guestlyst Site or falsely imply that some other site is associated with the Guestlyst Site or Citrus Boston Marketing Group; or
  • use the Guestlyst Site for any illegal or unauthorized purpose. You must not, in the use of the Guestlyst Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

Feedback.

In the course of using the Guestlyst Site, you may provide Citrus Boston Marketing Group with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Guestlyst Site (collectively “Feedback”). You hereby grant Citrus Boston Marketing Group a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

 

Violation of these Terms of Service.

Citrus Boston Marketing Group reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Citrus Boston Marketing Group may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Citrus Boston Marketing Group has no obligation to pre-screen or monitor your access to or use of the Guestlyst Site or any information, materials or other content provided or made available through the Guestlyst Site, but has the right to do so. You hereby agree that Citrus Boston Marketing Group may, in the exercise of Citrus Boston Marketing Group’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Citrus Boston Marketing Group reserves the right to refuse service to anyone for any reason at any time.

 

Modifications to the Guestlyst Site and Prices.

Citrus Boston Marketing Group reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Guestlyst Site and Service (or any part thereof) with or without notice.

Citrus Boston Marketing Group shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Guestlyst Site.

Citrus Boston Marketing Group reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Guestlyst Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Guestlyst Site after any such changes shall constitute your consent to such changes.

 

Copyright and Content Ownership.

We claim no intellectual property rights over the material you provide to the Guestlyst Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content.

Citrus Boston Marketing Group does not pre-screen Content, but Citrus Boston Marketing Group and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Guestlyst Site.

 

Notification of Claims of Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Citrus Boston Marketing Group’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”) at support@guestlyst.com.

Please provide our Agent with the following Notice:

  • Identify the material on the Guestlyst Site site that you claim is infringing, with enough detail so that we may locate it on the website;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • 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 copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

Citrus Boston Marketing Group will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

 

Disclaimer of Warranties.

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE GUESTLYST SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. CITRUS BOSTON MARKETING GROUP AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CITRUS BOSTON MARKETING GROUP AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. INIFINITY BOX DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE GUESTLYST SITE WILL BE CORRECTED. CITRUS BOSTON MARKETING GROUP AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. CITRUS BOSTON MARKETING GROUP AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CITRUS BOSTON MARKETING GROUP SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE GUESTLYST SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE GUESTLYST SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL CITRUS BOSTON MARKETING GROUP OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR GUESTLYST SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CITRUS BOSTON MARKETING GROUP OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR GUESTLYST SITE, FROM INABILITY TO USE THE SERVICES OR GUESTLYST SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR GUESTLYST SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR GUESTLYST SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CITRUS BOSTON MARKETING GROUP SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Citrus Boston Marketing Group or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

 

General.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Citrus Boston Marketing Group.