Terms of Services (ToS)
Last modified: August 11, 2021
We provide the Services to you subject to these Terms of Service (“Terms”), which may be updated by us from time to time. By accessing and using our Services, you accept and agree to be bound by these Terms, eventPower’s Acceptable Use Policy (AUP), and eventPower’s Privacy Policy. If you do not agree to these Terms, you should not access or use our Services.
There are similar, but separate Terms of Service depending on your relationship with eventPower (refer to definitions below). Sections below are designated as [Clients] or [End-Users].
Sections designated as one of the above only apply to their respective relationship.
[Clients] If a feature is significantly modified which directly affects Client’s ability to manage their events, please contact your eventPower contact for resolution or workaround.
eventPower Services are available for individuals aged 13 years or older. By registering for an account, you represent you represent you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, to use our Services.
[Clients] You are responsible to maintain your organization’s user access list and to deactivate users who no longer have need or authorization to access your account.
By submitting any User Content, you agree that you will not upload, post or otherwise transmit any User Content that:
[End-Users] You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
eventPower is not responsible for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on our Services. Through your use of our Services, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using our Services, you assume all associated risks.
We have the right, but not the obligation, to monitor User Content to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request.
[End-Users] We reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content at any time and for any reason. You are responsible for creating backup copies and replacing any User Content posted to our services.
[Clients] While we reserve the right, and have absolute discretion to screen, edit, refuse to post, or remove without notice any User Content, our preference is to take a collaborative approach to resolving abuse. In most cases, we will reach out to you, Client, to determine an agreeable resolution.
By submitting User Content to the Services, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, in any form, media or technology, without payment to you or to any third parties.
[Clients] eventPower does not share or utilize your participant (attendee, exhibitor, speaker, etc) data for its own use, nor market or share this information, other than for the execution of your events and under Client’s direction.
Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Service or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
The Services are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.
To the fullest extent permissible by applicable law, in no event shall eventPower, or its future parent or affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Services or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Services, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the websites. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if eventPower or future parent or affiliated companies have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that eventPower or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the Services or any other third parties.
If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
[End-Users] We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing our Services, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Services.
[Clients] Your contract may include a Service Level Agreement (SLA) which specifies additional terms for Service unavailability.
Survival
The provisions of these Terms shall survive termination.
We reserve the right to terminate access to our Services for users or customers who post material that infringes the intellectual property rights of others.
Introduction
These Terms of Service (ToS) describe how you are permitted to use eventPower’s Services.We provide the Services to you subject to these Terms of Service (“Terms”), which may be updated by us from time to time. By accessing and using our Services, you accept and agree to be bound by these Terms, eventPower’s Acceptable Use Policy (AUP), and eventPower’s Privacy Policy. If you do not agree to these Terms, you should not access or use our Services.
There are similar, but separate Terms of Service depending on your relationship with eventPower (refer to definitions below). Sections below are designated as [Clients] or [End-Users].
Sections designated as one of the above only apply to their respective relationship.
Changes to Terms
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of our Services after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.Definitions
These definitions apply throughout all eventPower’s policies.- Client - An organization and its users who have a contractual relationship with eventPower. Clients typically have a login to the back-end eventPower tools.
- End-User - A user of eventPower’s services who do not have a specific contractual/paid relationship with eventPower. End-Users may have paid to participate in an event or conference and include, but are not limited to: Attendees; Exhibitors; Speakers; etc.
- Customer - Any user of the eventPower tools or services including Clients and End-Users.
- Services - All tools, websites, and services that eventPower provides to Customers.
Changes to Services
We are always improving our products with the goal of providing a better experience for all Customers. We may change or discontinue any aspect, service or feature of our Services at any time, including, but not limited to, content, features, availability, and equipment needed for access or use.[Clients] If a feature is significantly modified which directly affects Client’s ability to manage their events, please contact your eventPower contact for resolution or workaround.
Registration and Sign-Up
You may be given the opportunity to register for a user account (“Account”) that may allow you to receive information from us and/or to participate in certain features. We will use the information you provide in accordance with our Privacy Policy. By registering, you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your information on our Services so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Services and all charges related to the same.eventPower Services are available for individuals aged 13 years or older. By registering for an account, you represent you represent you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, to use our Services.
[Clients] You are responsible to maintain your organization’s user access list and to deactivate users who no longer have need or authorization to access your account.
User Content
Services may contain comments sections, discussion forums, chat, networking, or other interactive features in which you may post or upload user-generated content, comments, video, photos, images, messages, other materials or items (collectively, “User Content”). You are solely responsible for your consumption of any User Content and you use them at your own risk.By submitting any User Content, you agree that you will not upload, post or otherwise transmit any User Content that:
- Violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others
- You know to be false, misleading or inaccurate
- Contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity
- Contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd
- Violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them
- Advocates violent behavior
- Poses a reasonable threat to personal or public safety
- Contains violent images of killing or physical abuse
- Is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right
- Contain a virus or other harmful or disruptive component
[End-Users] You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
eventPower is not responsible for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on our Services. Through your use of our Services, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using our Services, you assume all associated risks.
We have the right, but not the obligation, to monitor User Content to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request.
[End-Users] We reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content at any time and for any reason. You are responsible for creating backup copies and replacing any User Content posted to our services.
[Clients] While we reserve the right, and have absolute discretion to screen, edit, refuse to post, or remove without notice any User Content, our preference is to take a collaborative approach to resolving abuse. In most cases, we will reach out to you, Client, to determine an agreeable resolution.
By submitting User Content to the Services, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, in any form, media or technology, without payment to you or to any third parties.
[Clients] eventPower does not share or utilize your participant (attendee, exhibitor, speaker, etc) data for its own use, nor market or share this information, other than for the execution of your events and under Client’s direction.
Intellectual Property Rights
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code, including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the content present within eventPower’s Services is owned by or licensed to us. Such Content is protected by copyright, trademark, and various other intellectual property and unfair competition laws.Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Service or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
Disclaimer of Warranty; Limitation of Liability
You expressly agree that use of the Services is at your sole risk. eventPower, its affiliates nor any of their respective employees, agents, third party content providers, third-party service providers or licensors do not warrant that use of the Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, nor as to the accuracy, reliability or content of any information, service, or merchandise provided through the Services.The Services are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.
To the fullest extent permissible by applicable law, in no event shall eventPower, or its future parent or affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Services or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Services, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the websites. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if eventPower or future parent or affiliated companies have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that eventPower or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the Services or any other third parties.
If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
[End-Users] We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing our Services, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Services.
[Clients] Your contract may include a Service Level Agreement (SLA) which specifies additional terms for Service unavailability.
Indemnification
You agree to defend, indemnify and hold harmless eventPower, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Services by you.Termination
[End-Users] eventPower shall have the right to immediately terminate your access to the Services in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of these Terms shall survive termination.Survival
The provisions of these Terms shall survive termination.
Governing Law
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of our Services, and/or the provision of content, services, and/or technology on or through our Services shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Florida applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.Reporting
Please report any violations of these Terms to eventPower at [email protected].Copyrights and Copyright Agent
We respect others’ intellectual property rights, and expect our Customers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please review our Copyright Policy.We reserve the right to terminate access to our Services for users or customers who post material that infringes the intellectual property rights of others.