CARNIVALIST USER AGREEMENT AND TERMS OF SERVICE
EFFECTIVE DATE: JANUARY 2025
VERSION: 1.0
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE CARNIVALIST APP OR SERVICES. THIS IS A LEGALLY BINDING AGREEMENT.
### 1. INTRODUCTION AND ACCEPTANCE OF TERMS
By downloading, accessing, or using the Carnivalist application ("App"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App or any of its services.
Carnivalist provides a platform ("Service") that allows users to create, discover, and participate in community events and gatherings ("Events"). We act solely as an intermediary platform connecting users with each other.
### 2. PLATFORM ROLE AND LIABILITY DISCLAIMER
#### 2.1 Platform Role
Carnivalist is strictly a technology platform that facilitates connections between users. We:
- Provide a marketplace for users to create and discover Events
- Facilitate communication between users
- Offer tools to organize and manage Events
#### 2.2 Disclaimer of Responsibility for Events
YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:
a) Carnivalist is NOT an event organizer, promoter, or sponsor. We do not host, organize, supervise, control, or manage any Events listed on our platform.
b) Carnivalist does NOT screen, verify, or investigate Events or users beyond basic account validation.
c) Carnivalist does NOT endorse any Event, user, or content posted on the platform.
d) Carnivalist has NO control over the conduct, actions, or behavior of users at Events or the safety, legality, quality, or appropriateness of Events.
e) Carnivalist makes NO representations or warranties regarding the accuracy of Event descriptions, user profiles, or communications through the platform.
#### 2.3 User Responsibility
YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:
a) You assume ALL risks associated with attending, organizing, or participating in any Event.
b) You are solely responsible for evaluating the suitability, safety, and legitimacy of any Event before participating.
c) If you create an Event, you are solely responsible for:
  - Ensuring the Event complies with all applicable laws and regulations
  - Obtaining all necessary permits, licenses, and insurance
  - The safety and well-being of all participants
  - Addressing any incidents, injuries, or damages that occur
d) Carnivalist is NOT responsible for:
  - Any injuries, illnesses, damages, losses, criminal acts, or disputes arising from or related to any Event
  - The actions, behavior, or conduct of any users
  - The accuracy of Event information
  - The quality or satisfaction of any Event experience
### 3. LIABILITY LIMITATION AND INDEMNIFICATION
#### 3.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
a) CARNIVALIST AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
  - YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
  - ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
  - ANY CONTENT OBTAINED FROM THE SERVICE
  - UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
  - ANY INJURY, DAMAGE, DEATH, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM EVENTS FACILITATED THROUGH THE SERVICE
b) IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
#### 3.2 Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CARNIVALIST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, STAFF, AND PARTNERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM:
a) Your use of and access to the Service
b) Your violation of any term of these Terms
c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right
d) Any claim that your content caused damage to a third party
e) Any and all claims arising from your creation of, participation in, or association with Events
This defense and indemnification obligation will survive these Terms and your use of the Service.
### 4. PROHIBITED ACTIVITIES AND USER CONDUCT
#### 4.1 Prohibited Activities
You agree not to use the Service to:
a) Organize or promote Events that:
  - Involve illegal activities
  - Pose unreasonable safety risks
  - Promote hatred, discrimination, or violence
  - Violate any laws or regulations
b) Post content that is:
  - Unlawful, harmful, threatening, abusive, or harassing
  - False, misleading, or deceptive
  - Infringes on intellectual property rights
c) Impersonate any person or entity
d) Interfere with the proper functioning of the Service
e) Collect or store personal data about other users without authorization
#### 4.2 User Conduct Standards
Users are expected to:
a) Comply with all applicable laws and regulations
b) Respect the rights and dignity of others
c) Provide accurate information when creating user profiles and Event listings
d) Communicate honestly and respectfully with other users
e) Report any suspicious, harmful, or inappropriate content or activities
### 5. EVENT CREATOR RESPONSIBILITIES
If you create an Event through the Service, you:
a) Represent and warrant that:
  - You have all necessary rights, licenses, and authority to host the Event
  - You will conduct the Event in compliance with all applicable laws, rules, and regulations
  - The Event description is accurate and not misleading
b) Acknowledge your responsibility for:
  - The safety and security of all participants
  - Obtaining all required permits, licenses, and insurance
  - Informing participants of any risks associated with the Event
  - Managing all aspects of the Event independently from Carnivalist
  - Resolving any disputes or issues with participants
c) Agree to maintain adequate liability insurance for your Event if required by applicable law or if the nature of the Event involves risk
### 6. EVENT PARTICIPANT RESPONSIBILITIES
If you participate in an Event, you:
a) Acknowledge that you are participating at your own risk
b) Assume responsibility for your own safety and well-being
c) Acknowledge that Carnivalist has not vetted the Event or its creator
d) Agree to follow any rules or guidelines established by the Event creator
e) Release Carnivalist from all liability connected with your participation
### 7. DISPUTE RESOLUTION BETWEEN USERS
#### 7.1 User Disputes
Carnivalist is not responsible for resolving disputes between users. Any disputes that arise between users should be resolved directly between the involved parties.
#### 7.2 No Obligation to Mediate
While Carnivalist may, at its sole discretion, attempt to assist users in resolving disputes, we have no obligation to mediate or arbitrate any user conflicts.
### 8. MODIFICATIONS TO TERMS
Carnivalist reserves the right to modify these Terms at any time. We will provide notice of significant changes through the App or by other means. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.
### 9. TERMINATION
Carnivalist reserves the right, without notice and in our sole discretion, to terminate your license to use the Service and to block or prevent your future access to and use of the Service.
### 10. GOVERNING LAW AND JURISDICTION
#### 10.1 For European Users
If you are a user based in the European Union or European Economic Area, these Terms shall be governed by and construed in accordance with the laws of your country of residence. Nothing in these Terms affects your rights as a consumer to rely on mandatory provisions of local consumer protection laws in your country of residence.
Any dispute arising out of or relating to these Terms shall be subject to the non-exclusive jurisdiction of the courts of your country of residence. Alternatively, you may choose to resolve the dispute using the European Commission's Online Dispute Resolution platform, accessible at http://ec.europa.eu/odr.
#### 10.2 For International Users
If you are not based in the European Union, European Economic Area, or the United States, these Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.
#### 10.3 For United States Users
If you are a user based in the United States, these Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within California.
#### 10.4 United Nations Convention
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
### 11. SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
### 12. CONTACT INFORMATION
For questions about these Terms, please contact us at:
melis.sakic.12@gmail.com
### 13. CONTENT LIABILITY
#### 13.1 User-Generated Content
Users are solely responsible for all content they create, upload, post, share, or distribute on or through the Service, including but not limited to event descriptions, images, comments, messages, and any other materials ("User Content").
#### 13.2 No Monitoring Obligation
CARNIVALIST HAS NO OBLIGATION TO MONITOR USER CONTENT and acts as a passive conduit for user distribution and publication of User Content. However, we reserve the right to:
- Review any User Content
- Remove, disable, or restrict access to any User Content for any reason
- Screen or filter User Content without prior notice
#### 13.3 Content Disclaimer
You acknowledge and agree that:
- Carnivalist is not responsible for the accuracy, safety, appropriateness, legality, or intellectual property rights of any User Content
- Carnivalist does not endorse any User Content or any opinion, recommendation, or advice expressed therein
- You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable
### 14. INTELLECTUAL PROPERTY
#### 14.1 Event Intellectual Property
Carnivalist disclaims all liability relating to intellectual property rights at or associated with Events, including but not limited to:
- Unauthorized use of copyrighted music, videos, or other media
- Trademark infringement in event names, descriptions, or promotional materials
- Use of trademarked logos, brands, or other protected content
- Performance rights, broadcasting rights, or public display of copyrighted works
#### 14.2 User Warranties
You represent and warrant that:
- Your User Content does not infringe upon any third party's intellectual property rights
- You have all necessary rights, licenses, consents, and permissions to post and share your User Content
- You will not post or share content that violates copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary rights
#### 14.3 Copyright Infringement
Event creators are solely responsible for ensuring that all media, performances, and materials used at Events comply with applicable copyright and intellectual property laws. Carnivalist bears no responsibility for copyright violations occurring at Events.
### 15. AGE RESTRICTIONS AND UNDERAGE USERS
#### 15.1 Age Requirements
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old.
#### 15.2 Age Verification Disclaimer
CARNIVALIST DOES NOT VERIFY THE AGE OR IDENTITY OF USERS and bears no responsibility for underage users accessing the Service by misrepresenting their age.
#### 15.3 Events Involving Minors
If you create or organize an Event that may involve minors:
- You are solely responsible for compliance with all applicable laws regarding minors
- You must obtain all required consents, permissions, and releases from parents or legal guardians
- You are fully responsible for providing appropriate supervision and safeguards
- You acknowledge that Carnivalist has no responsibility for verifying participant ages or ensuring appropriate supervision
#### 15.4 Indemnification for Age-Related Claims
You agree to indemnify and hold Carnivalist harmless from any claims, damages, or legal actions arising from the participation of minors in Events organized through the Service.
### 16. FORCE MAJEURE EVENTS
#### 16.1 Service Disruptions
Carnivalist shall not be liable for any failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to:
- Natural disasters or acts of God
- Pandemics, epidemics, or public health emergencies
- War, terrorism, riots, or civil unrest
- Power outages or telecommunications failures
- Governmental actions or restrictions
- Cyberattacks or other security breaches
- Labor disputes or strikes
- Any other causes beyond Carnivalist's reasonable control
#### 16.2 Event Cancellations
Carnivalist bears no responsibility or liability for Events that are cancelled, postponed, or otherwise affected by force majeure events. Users agree that they will not hold Carnivalist responsible for any losses, damages, or inconveniences resulting from such cancellations.
### 17. ALCOHOL AND SUBSTANCE CONSUMPTION
#### 17.1 No Monitoring or Control
Carnivalist does not monitor, control, or regulate the consumption of alcohol or other substances at Events organized through the Service.
#### 17.2 Event Creator Responsibilities
Event creators are solely responsible for:
- Ensuring compliance with all applicable laws regarding alcohol and substance consumption
- Obtaining any necessary permits or licenses for serving alcohol
- Preventing underage drinking and excessive consumption
- Managing intoxicated attendees and related safety issues
- Any liability arising from alcohol or substance consumption at their Events
#### 17.3 User Acknowledgment
Users acknowledge that:
- Carnivalist does not promote, encourage, or facilitate the consumption of alcohol or illegal substances
- The decision to consume alcohol or other substances at Events is made solely by individual users
- Users are responsible for their own behavior and actions while under the influence
- Carnivalist is not liable for any damages, injuries, or harm related to alcohol or substance consumption
### 18. EMERGENCY RESPONSE
#### 18.1 No Emergency Services Obligation
CARNIVALIST IS NOT AN EMERGENCY SERVICES PROVIDER and has no obligation to:
- Monitor Events for safety or security issues
- Provide emergency notifications or alerts
- Dispatch or coordinate with emergency services
- Provide first aid or medical assistance
- Intervene in dangerous or threatening situations
#### 18.2 User Responsibility
Users acknowledge and agree that:
- In the event of an emergency, they should immediately contact appropriate emergency services (e.g., 911) directly
- Carnivalist is not responsible for delays in emergency response
- The platform is not designed as an emergency communication system
- No features of the Service should be relied upon in emergency situations
#### 18.3 Emergency Reporting
While Carnivalist may provide features to report incidents, these features:
- Are not a substitute for contacting emergency services
- May not be monitored in real-time
- Do not guarantee a response within any specific timeframe
### 19. BACKGROUND CHECKS
#### 19.1 No Background Screening
CARNIVALIST DOES NOT CONDUCT BACKGROUND CHECKS OR SCREENING on users of the Service, including but not limited to:
- Criminal background checks
- Identity verification
- Professional licensing verification
- Reference checks
- Verification of user-provided information
#### 19.2 User Acknowledgment
You explicitly acknowledge and understand that:
- Other users have not been screened or vetted by Carnivalist
- Carnivalist makes no representations about the behavior, character, or background of any user
- You interact with other users at your own risk
- You should exercise caution and good judgment when interacting with other users or attending Events
#### 19.3 Release of Liability
You release Carnivalist from all liability related to the conduct, actions, or background of users you interact with through the Service.
### 20. LOCATION SERVICES AND MAPPING
#### 20.1 Location Data Disclaimer
Carnivalist provides location-based services that rely on various third-party data sources. You acknowledge and agree that:
- Map data, directions, and location information may be inaccurate, incomplete, or outdated
- Travel times and distances are estimates only
- Geographic coordinates may not precisely match actual locations
- Physical conditions at locations may differ from how they appear on maps
#### 20.2 Navigation and Travel Risks
Carnivalist is not responsible for:
- Users traveling to incorrect or dangerous locations based on map data
- Transportation issues or difficulties in accessing Event locations
- Parking availability or restrictions at Event locations
- Changes to roads, buildings, or other physical features since map data was last updated
- Accidents or incidents occurring during travel to or from Events
#### 20.3 Location Permission Use
While Carnivalist may request access to your device's location data to provide location-based services, you agree that:
- Carnivalist is not responsible for any errors in location detection
- Location data may not be continuously updated or accurate
- Any navigation or directions provided are for reference only and should not be solely relied upon
BY USING THE CARNIVALIST APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE APP OR SERVICE.