Terms of Service
General Terms
Welcome, and thank you for your interest in EventEngage (EventEngage, we, or us) and our website at https://eventengage.io/, along with our related subdomains, APIs, web and mobile applications, and other services provided by us (collectively, the Services). These Terms of Use are a legally binding contract between you and EventEngage regarding your use of the Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING EVENTENGAGES’S PRIVACY POLICY (TOGETHER, THESE TERMS). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES.
Services Overview
EventEngage works with professional event organizers (each, an Organizer) to enable Organizers to, through the Services, create digital experiences for their events (each, an Event). Through the Services, an Organizer may create and personalize an event page and content sharing and networking mobile and web applications that are specific to an Event (each, an Event Platform), and may make any Event Platform available to natural persons who are registered and/or who might be interested in the applicable Event (Attendees) and to businesses taking part in the applicable Event (Exhibitors).
If you are an Organizer, then your use of the Services is also subject to the Organizer Terms , which are incorporated by reference into these Terms as if set out in full in these Terms. In the event of any conflict or inconsistency between the terms and conditions of these Terms and the Organizer Terms, the Organizer Terms will control.
Eligibility
To use the Application or any other part of the Services, you must be at least 18-years old. By agreeing to these Terms, you represent and warrant to us that: (1) you are at least 18-years old; (2) you are either (a) an Attendee or (b) an individual accepting these Terms on behalf of an Organizer or Exhibitor with the authority to bind Organizer or Exhibitor (as applicable) to these Terms, and you agree on behalf of Organizer or Exhibitor (as applicable) to be bound by these Terms; (3) you have not previously been suspended or removed from the Services; and (4) your registration and your use of the Services are in compliance with any and all applicable laws and regulations.
Accounts and Registration
In order to use the Services, you must register for an account on the Services (your Account). The process for setting up your Account varies depending on whether you are an Organizer, Attendee, or Exhibitor as follows:
- If you are an Organizer, then your Account may have already been created by EventEngage. If so, you should have received an email or other notification from EventEngage regarding your Account.
- If you are an Attendee or Exhibitor, then your Account may have already been created by the Organizer. If so, you should have received an email from EventEngage regarding your Account. If you have not received an email from us, then you must complete a registration form in the Event Platform and provide us with some information about yourself, notably your name and email address.
- The email address you provide EventEngage will be your username for your Account, and the information you provide us in order to set up and update your Account constitutes proof of your identity. You guarantee to EventEngage that the information provided by you to EventEngage is complete, accurate, and up to date and is not in any way misleading, and you agree to notify EventEngage immediately if any information provided by you is no longer complete, accurate, and up to date or has become misleading.
- When you register for or attempt to login to your Account for the first time, you will be provided a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account. Any logins to the Event Platform using your username and password will be deemed to have been affected by you.
- If you believe that your Account has been used without your knowledge or is otherwise no longer secure, then you must immediately notify us at hello@eventengage.io . In which case, EventEngage is entitled to take measures it deems appropriate in its discretion to protect your Account, the Event Platform, and the Services.
License
Limited License. Subject to your complete and ongoing compliance with these Terms, EventEngage grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of the Event Platform obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Services.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Services; (b) make modifications to the Services; or (c) interfere with or circumvent any feature of the Event Platform or the Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Services, you may not use it.
Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to any Event Platform or the Services (Feedback), then you hereby grant EventEngage an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve any Event Platform or the Services and create other products and services.
Intellectual Property
The Services are owned and operated by EventEngage. The visual interfaces, graphics, design, compilation, content, of any kind (including templates, text, images, visuals, music, logos, trademarks, etc.), information, data, databases, computer code (including source code or object code), products, software, systems, structure, infrastructure, services, and all other elements of the Services (Materials) provided by EventEngage are protected by intellectual property, database producer rights in force, and other laws. All Materials included in the Services are the property of EventEngage or its third-party licensors. Except as expressly authorized by EventEngage, you may not make use of the Materials or otherwise dismantle, decompile, decode, extract, reuse, copy, reproduce, represent, disseminate, or use any or all of the Materials. EventEngage reserves all rights to the Materials not granted expressly in these Terms and may take legal action to enforce its rights.
Your Responsibilities and Obligations
Without prejudice to the other obligations contained in these Terms, you represent and warrant to EventEngage and otherwise covenant as follows:
- When using the Services, you will comply with these Terms and all applicable laws, rules, and regulations in force, and you will not infringe or cause EventEngage to infringe the rights of any third party or public order;
- You alone are responsible for your use of the Services;
- You will provide EventEngage with all information necessary to properly deliver the Services to you as contemplated under these Terms;
- You alone are responsible for your behavior at any Event venue, and you will comply with any terms and conditions stipulated by an Event venue; and
- You alone are responsible for your use of the Services and for any contacts you may forge with and any information you provide to any Organizer, Attendee and/or Exhibitor (as applicable) that you connect with through the Services.
Your User Content
User Content Generally. Certain features of the Services may permit users to upload content to the Services, including documents, details, data, information, messages, photos, video, images, folders, data, text, and other types of works (collectively, User Content) and to publish User Content on the Services. You retain any copyright and other proprietary rights that you may hold in the User Content that you make available through the Services.
Limited License Grant to EventEngage. By providing User Content to or via the Services, you grant EventEngage a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Limited License Grant to Other Users. By providing User Content to or via the Services to other users of the Services, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Services.
User Content Representations and Warranties. EventEngage disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Services. By providing User Content via the Services, you affirm, represent, and warrant to us that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize EventEngage and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by EventEngage, the Services, and these Terms;
- your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause EventEngage to violate any law or regulation;
- your User Content could not be deemed by a reasonable person to be objectionable, profane, defamatory, abusive, indecent, pornographic, harassing, racist, obscene, shocking, violent, xenophobic, revisionist, threatening, embarrassing, hateful, or otherwise inappropriate;
- your User Content is not, and does not propose or promote activities that are, illegal, fraudulent, false, or misleading; and
- your User Content is lawful, does not contravene public order, morality or the rights of third parties, does not breach any legislative or regulatory provision, and cannot in any way result in civil or criminal liability for EventEngage.
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. EventEngage may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Services you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against EventEngage with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, EventEngage does not permit copyright-infringing activities on the Services.
Prohibited Conduct
BY USING THE SERVICES, YOU AGREE NOT TO:
- use the Services for any illegal or fraudulent purpose or in violation of any public order or local, state, national, or international laws, rules or regulations;
- harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Services;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property rights or financial, business or moral interests;
- interfere with security-related features of the Services, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Services; (c) collecting personal information about another user or third party without consent; (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services; (e) interrupting, suspending, slowing down, or preventing Services continuity; (f) hacking into EventEngage systems supporting the Services; (g) hijacking the Application’s system resources; (h) taking any actions that would place a disproportionate load on EventEngage’s infrastructure; or (i) breaching the security and authentication systems of the Services;
- hack into any third party’s IT systems or otherwise violate the integrity or security of or harm, control, interfere with or intercept all or part of a third party’s IT systems;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Services account without permission, or falsifying your age or date of birth;
- improve the search engine optimization of a third party’s website, sell, cede or otherwise transfer the access granted under these Terms or any Materials (as defined above) or any right or ability to view, access, or use any Materials, or otherwise make money from all or part of your access to the Services (including any Materials and information hosted on or shared through the Services); or
- attempt to do any of the acts described in this Section 8 or assist, incite or permit any person into engaging in any of the acts described in this Section 8.
Modification of Terms
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Services. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Any other amendments to these Terms, other than those permitted in this Section 9, must be in writing and signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination, and Modification of Services
Term.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Services, and ending when terminated as described below.
Termination.
If you violate any provision of these Terms, your authorization to access the Services and these Terms automatically terminate, and EventEngage reserves the right to take all appropriate measures and instigate any legal proceedings against you and to notify and cooperate the relevant authorities where applicable. In addition, unless you are an Organizer that has separately contracted with EventEngage regarding your use of the Services, EventEngage may, at its sole discretion, terminate these Terms or your Account on the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice. If you are not an Organizer that has separately contracted with EventEngage regarding your use of the Services, then you may terminate your Account and these Terms at any time by contacting customer service at hello@eventengage.io
Effect of Termination.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your Account or the Services and your Account will automatically be deleted; and (c) any provisions that by their nature are intended to survive termination of these Terms will survive.
Modification of the Services.
EvenEngage reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. EventEngage will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.
Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify EventEngage, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the EventEngage Entities) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EVENTENGAGE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EVENTENGAGE DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND EVENTENGAGE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR EVENTENGAGE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE EVENTENGAGE ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND YOUR DEALING WITH ANY OTHER SERVICES USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. EventEngage does not disclaim any warranty or other right that EventEngage is prohibited from disclaiming under applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EVENTENGAGE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EVENTENGAGE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EVENTENGAGE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Third-Party Terms
Third-Party Services. EventEngage may provide tools through the Services that enable you to export information, including User Content, to Organizers, Attendees, Exhibitors, advertisers, professionals, salespersons (including potential partners) and other third-party services (collectively, Third-Party Services). By using one of these tools, you agree that EventEngage may transfer that information to the applicable Third-Party Services. Third-Party Services are not under EventEngage’s control, and, to the fullest extent permitted by law, EventEngage is not responsible for any Third-Party Services’s use of your exported information. EventEngage will not take part in any disputes whatsoever between you and any Third-Party Services provider, particularly concerning Event participation, guarantees, declarations or any other obligations whatsoever to which Third-Party Services providers may be bound.
Linked Websites. The Services may contain links to third-party websites. Linked websites are not under EventEngage’s control, and EventEngage is not responsible for their content, adverts, products, services or availability (including websites run by EventEngage’s third-party partners). Third-party websites are governed by their own terms and conditions of use.
Third-Party Software. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (Third-Party Components). Although the Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
Advertising
EventEngage, in collaboration with the Organizer, reserves the right to include in any communication with you or on any portion of the Event Platform or the Services advertising and promotional messages at its discretion.
EventEngage Entity, Governing Law and Venue
EventEngage LLC is a Delaware corporation headquartered at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex. You may contact EventEngage LLC by emailing us at hello@eventengage.io. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles, and the only courts competent to deal with any dispute between you and EventEngage LLC that may arise about their validity, interpretation or performance, unless there is a contrary and mandatory procedural requirement, will be the state courts and federal courts located within the State of Delaware, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms, and you and EventEngage submit to the personal and exclusive jurisdiction of those courts..
Dispute Resolution for U.S. Users
If you an Attendee or Exhibitor inside the United States, then the Services are being provided to you by EventEngage LLC, and you agree that any disputes between you and EventEngage LLC arising under these Terms will be resolved by binding, individual arbitration as follows:
- Generally. In the interest of resolving disputes between you and EventEngage in the most expedient and cost effective manner, and except as described below, you and EventEngage agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EVENTENGAGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Nevertheless, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within 30 days after the date that you agree to these Terms by sending an email to hello@eventengage.io that specifies: your full legal name, the email address associated with your Account, and a statement that you wish to opt out of arbitration (Opt-Out Notice). Once EventEngage receives your Opt-Out Notice, this Section will be void and any action arising out of these Terms will be resolved as set forth in Section 18. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
- Arbitrator. Any arbitration between you and EventEngage will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (collectively, AAA Rules) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting EventEngage. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (Notice of Arbitration). EventEngage’s address for Notice is: EventEngage LLC, Raj Baruah, 30025, Alicia Pkwy #20-2124, Laguna Niguel, CA 92766 USA. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (Demand). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or EventEngage may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or EventEngage must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by EventEngage in settlement of the dispute prior to the award, EventEngage will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $5,000.
- Fees. Payment of any fees in connection with arbitration will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Delaware, but if the claim is for $5,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse EventEngage for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND EVENTENGAGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EventEngage agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If EventEngage makes any future change to this arbitration provision, other than a change to EventEngage’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to EventEngage’s address for Notice of Arbitration, in which case your account with EventEngage will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If the mutual class action waiver set forth in this Section or the entirety of this Section is found to be unenforceable, or if EventEngage receives an Opt-Out Notice from you, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms.
Miscellaneous
General Terms. These Terms, together with the Privacy Policy, the Organizer Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and EventEngage regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to” and the use of the word “Services” includes any Event Platform created through the Services. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Privacy Policy. Please read the EventEngage Privacy Policy [link to privacy policy] carefully for information relating to our collection, use, storage, and disclosure of your personal information. The EventEngage Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Additional Terms. Your use of the Services are subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services, which are all incorporated by this reference into, and made a part of, these Terms.
Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Consent to Electronic Data as Proof of Admittance. If you are outside of the United States, then you acknowledge and agree that: (a) data collected by the Application and on EventEngage’s IT equipment is a true reflection of the transactions taking place under the scope of this agreement; and (b) this data constitutes the main mode of proof admitted by the parties.
No Support. We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.
Organizer Terms
Purpose
EventEngage provides a webapp that can be accessed via https://eventengage.io/ and its subdomains, and an API (collectively, the Application) via which it offers professional event organizers (the Organizers) a turnkey solution enabling them to create a platform for each of their events (the Event Platform) that can be accessed by registered natural persons and/or people who might be interested in the event (the Attendees) and businesses taking part in the event (the Exhibitors).
EventEngage enables the Organizer to create and customize one or more Event Platforms, and puts at their disposal different services (the Services), which can be listed in a purchase order form (the Purchase Order), with the aim of allowing Attendees and Exhibitors to share content and easily connect with each other before, during and after the events (the Events).
The purpose of these organizer terms of use (the Organizer Terms of Use) is to lay down the procedures and conditions governing Organizers’ access to the Application, and set out the rights and obligations of the parties within this scope.
The conditions can be accessed and printed out at any time by going to the direct link at the bottom of the website page https://eventengage.io/
They are supplemented by a purchase order that can be accessed online or sent by EventEngage and/or a master services agreement (the Specific Conditions), that include the duration of their contractual commitment, the number of Event Platforms and the Services to which they have subscribed, as well as the specified financial conditions (collectively, the Contract).
In the event of contradiction, the Specific Conditions will take precedence over the Organizer Terms of Use.
Application and Services provider & contact details
The Application and the Services are provided by EventEngage, an LLC incorporated in the State of Delaware , US.
EventEngage can be contacted by sending an email to hello@eventengage.io
Access to the Application and Services
LEGAL CAPACITY
The Application and Services can be accessed by:.
- Any natural person with full legal capacity to make undertakings under these Organizer Terms of Use. Natural persons without full legal capacity can only access the Application and Services with the agreement of their legal representative.
- Any legal entity represented by a natural person with the legal capacity to contract in the name of and on behalf of the legal entity.
BUSINESS GENERAL CONDITIONS
BThese Organizer Terms of Use are exclusively designed for business, meaning any and all natural persons and legal entities undertaking a remunerated activity other than occasionally in any sector of industry or commerce.
Acceptance of the Organizer Terms of Use
Organizers agree to the Organizer Terms of Use by ticking a box on the registration form and/or when they sign the Purchase Order.
Organizer acceptance must be full and unequivocal. Any conditional acceptance will be regarded as null and void. Organizers who do not agree to being bound by these Organizer Terms of Use must not access the Application or use the Services.
Registration
Organizers must register to be able to use the Services by singing a contract with eventEngage. The Organizer must supply all required information, specifically their surname, first name, work email and password. The Organizer acknowledges and agrees to the email address given on the order form being their username.
Registration leads to an Organizer account being created (the Account) providing access to a personal area (the Personal Area) enabling the Organizer to manage their usage of the Services in a format and using the technical resources that EventEngage deems most appropriate for delivering the aforementioned Services.
The Organizer warrants that all the information that s/he provides on the order form is accurate, up to date and truthful, and is not in any way misleading.
The Organizer undertakes to update this information in their Personal Area if changes occur, so that the information continues to meet the aforementioned criteria.
The Organizer is advised and accepts that the information provided in order to set up or update their Account constitutes proof of identity. The Organizer is bound by the information provided as soon as the information is approved.
Organizers can log in to their Personal Area at any time once they have entered their username and password.
The Organizer undertakes to make personal use of the Services and not allow any third party to use them on their behalf or instead of them, unless they take full responsibility.
Organizers are also responsible for keeping their username and password confidential and secure. Any logins to the Application using their username and password will be deemed to have been effected by the Organizer The Organizer must immediately contact EventEngage if they notice that their account has been used without their knowledge. The Organizer acknowledges that EventEngage is entitled to take all the appropriate measures in this case.
Services
The Organizer has access to the following Services in a format and in line with the technical resources and features that EventEngage deems most appropriate.
CREATING AN EVENT
The Organizer can insert text presenting the Event and import content relating to the Event (text, photographs, corporate logos etc.). For each Event the Organizer can also import the list of Attendees, detailing the Attendees’ contact details, including their email addresses. The Organizer can make changes and add to the list of Attendees at any time.
The Organizer expressly acknowledges and accepts that importing the list of Attendees authorizes EventEngage to automatically create an account for each Attendee and to send them emails informing them about the account being opened for them.
The sending of emails to Attendees enables them to access (i) the Event Page and (ii) the list of Attendees so that they can interact with each other and view a smart suggestion of people to meet (the Networking Feature).
The Organizer may create Event Pages whenever they so wish, without any upper limits on the number during the term of the Services, and can use the Networking Feature for an unlimited number of Attendees.
PUBLICATION OF THE EVENT PAGE
As soon as the Organizer creates their Event Page, they inform EventEngage who then publishes it simultaneously on the Application and makes it available to the Attendees who have been imported into the Organizer’s interface. However, the Organizer can also generate a generic access code to the Event Page that they can send to any Attendee, enabling the latter to access the Event Page, even if the Attendee has not been imported into the Organizer’s interface.
EventEngage sends Attendees, whose name and contact details were sent to it by the Organizer via the list of Attendees, emails containing a web link enabling them to log in to the Event Page from the App, subject to logging in using the email address provided by the Organizer.
The Event Page can only be accessed by (i) Attendees whose name and contact details have been sent to EventEngage and/or (ii) people to whom the Organizer has sent the Event Page access code. The Organizer acknowledges and accepts this.
The Organizer acknowledges and accepts that the Event Page will remain accessible to the Attendees without any time limitation after the Event end date, unless the Organizer decides to shut down access to the aforementioned Event Page. However, the Organizer will still be able to access data about the Event directly from their Account.
The Organizer can also use the Application to add information of their choice on the Event Platform (such as the Event program, the list of speakers or Exhibitors, a map of the Event venue) or to activate and personalize certain features (such as personalization of Attendee and Exhibitor activation emails, discussion groups, push notifications, the Attendee meeting module or an interactive map of the Event venue).
SUPPORT LICENSE
The support license covers support for the Organizer when organizing their Event, namely:
- The development of information flows between EventEngage and the Organizer’s databases. Appointment of a project manager for the Organizer’s Event.
- The project manager works with the Organizer on the tool set-up, communication, logistics and the data needed for Attendee matchmaking, and
EXHIBITOR LICENSE
The Exhibitor license covers the Services designed for Exhibitors and those indicated in the Purchase Order, which the Organizer is entitled to invoice in order to self-finance the Application, such as a content management portal, a business card and badge scanning tool or an appointment scheduling module
ORDERING ADDITIONAL SERVICES
Organizers wishing to order additional Services during the Contract may send EventEngage a new Purchase Order by any means approved by EventEngage.
The Purchase Order must list the Organizer’s contact details, and particularly their contact email, and the additional Services that the Organizer wishes to contract.
The Organizer recognizes and accepts that it cannot cancel an Order once it has been approved, unless otherwise agreed by EventEngage.
APPLICATION HOSTING
Under the terms of a best efforts obligation, EventEngage undertakes to host the Accounts and any content published by the Organizer in its Account in line with customary professional practice and best practice on its own servers or using a professional hosting service provider, which undertakes its role in line with customary professional practice and best practice.
EventEngage undertakes to provide the Organizer with sufficient storage and processing capacity within the framework of the Services.
EventEngage undertakes to implement all the technical resources needed, in line with best practice, to ensure that the Services are secure and can be accessed, and covering infrastructure protection and surveillance, physical and/or virtual access control to the aforementioned infrastructure, and the implementation of detection, prevention and recovery measures to protect the Servers from malicious acts.
EventEngage also undertakes to take all appropriate precautions with regard to the nature of the data and risks of automatic data processing undertaken to provide the Services, safeguard data security, and notably prevent data from being distorted, damaged or an unauthorized third party accessing it.
TECHNICAL SUPPORT
EventEngage offers local time technical support & a Customer Success manager.
OTHER SERVICES
EventEngage reserves the right to offer any other Service it deems appropriate, in a format and with the technical features and resources that it deems most appropriate to deliver these Services.
Service level guarantee
EventEngage undertakes to ensure the permanence, continuity and quality of access to the Services.
In this respect, EventEngage will make every effort to maintain access to the Application 24/7 and guarantees 99% Service availability except in the event of force majeure.
Furthermore, given the complex nature of the internet, the unequal capacity of the various sub-networks, traffic at certain times of day, and the various bottlenecks over which EventEngage has no control, EventEngage’s responsibility will be limited to the functioning of its servers, with the points of connection constituting the servers’ outer limits.
EventEngage cannot be held liable for (i) server access speed, (ii) slowdowns that are external to its servers, and (iii) poor data transfer caused by a failure or malfunction of these networks and (iv) a poor internet connection during the Event.
If necessary, EventEngage reserves the right to limit or suspend access to the Application so that it can undertake any maintenance and/or development work. In this event, EventEngage undertakes to inform the Organizer in advance about this maintenance and/or development work, within a reasonable timeframe, by any appropriate means and notably by a general information message on the Application about this maintenance work.
Under the scope of this maintenance and/or development work, EventEngage undertakes to make every effort to back up the content saved in the Organizer’s Account and/or the Application.
The Organizer acknowledges and accepts that this Service level guarantee does not cover any breakdowns or disruption of Services that could be attributed to telecoms operators or internet service providers, the mobile web, poor internet coverage, or internet access being saturated due to an Event’s location.
In any case, it is hereby expressly agreed that the breach of any undertaking in this clause will not under any circumstances be penalized by the termination of the contractual relationship with EventEngage, and its liability will be limited in the manner set out below in the “Liability” clause.
Financial conditions
PRICE OF SERVICES
Access to paid Services is subject to payment of the price indicated on the Purchase Order, calculated based on the number Attendees and Exhibitors, and the Services contracted by the Organizer.
Prices are in USD and do not include any taxes
EventEngage, at its own discretion and based on conditions that it decides alone, reserves the right to run promotional offers and price reductions.
LIMITS OF ATTENDEES AND EXHIBITORS
The cost of the Services automatically increases if: (a) the total number of Attendees imported or connected to an Event Platform during the term of the Contract exceeds the upper limit stipulated in the Purchase Order (in this case, the Organizer will pay additional costs corresponding to the price per additional Attendee as set out in the Purchase Order); and (b) the total number of Exhibitors imported or connected to an Event Platform during the term of the Contract exceeds the upper limit stipulated in the Purchase Order (in this case, the Organizer will pay additional costs corresponding to the price per additional Exhibitor as set out in the Purchase Order).
EventEngage will count the number of Attendees and Exhibitors per Event, it being specified, for illustrative purposes, that the same person or the same e-mail address registered for two separate Events will count as two Attendees or Exhibitors.
EventEngage will inform the Organizer as soon as the latter exceeds the upper limit of Attendees and/or Exhibitors provided for in the Purchase Order. The Organizer may increase the number of Attendees and/or Exhibitors by means of a new Purchase Order.
PAYMENT TERMS
EventEngage will send an invoice to the Organizer by any appropriate means on the due date.
The Organizer will make payment using any payment method deemed appropriate by EventEngage and notably by bank transfer, using the bank account details listed on each invoice.
The Organizer warrants to EventEngage that they have the authorizations required to make the payment.
LATE PAYMENT AND DEFAULTS
The Organizer is informed and expressly accepts that any late payment of all or part of a sum owed to EventEngage will, from the day after the due date appearing on the invoice, lead to:
- Expiry of the term of all the sums owed by the Organizer, with the sums becoming immediately payable, irrespective of the payment arrangements that had been previously agreed.
- The immediate suspension of the Services until all the amounts owed have been paid in full.
- EventEngage will invoice late payment interest, owed because the contractual term has expired, at a rate of 3 (three) times the legal interest rate, calculated using the amount unpaid on the due date, and fixed compensation of USD 100 (one hundred) for recovery costs, without prejudice to additional compensation if the recovery fees incurred are in fact higher than this amount.
Length of Services and unsubscribing
Except in the event of early termination, the Contract begins on the Effective Date indicated in the Purchase Order and continues for a period of one year, unless otherwise expressly stipulated in the Purchase Order.
The Contract is then renewed tacitly for successive periods of the same duration, unless terminated by one or other of the Parties by sending the other Party notice of intent to terminate the Contract by registered letter with acknowledgement of receipt within at least 90 (ninety) days of the end of the Contract, or any other notice period stipulated in the Purchase Order.
In the event of early termination of the Contract, in the case where the Organizer had been initially granted volume discounts for subscribed Services, Attendees and/or Exhibitors, the Organizer is informed and agrees to pay back EventEngage the amount of such discounts in proportion to the number of Attendees and/or Exhibitors actually subscribed and the Services used during the Contract.
Effects of Termination of the Contract
Once acquired by the Organizer, their credits have the same period of validity as the Contract, as stipulated in the Purchase Order.
If they are not used during this period, they will be permanently lost and the Organizer will not be entitled to any refund, unless their Contract is renewed.
In this case, the Organizer may use their remaining credits under their new Contract.
The Organizer can purchase additional credits at any time, subject to the issue of a quote
Agreement on proof
The Organizer expressly acknowledges and accepts that:
- data collected by the Application and on EventEngage’s IT equipment is a true reflection of the transactions taking place under this agreement,
- this data constitutes the main form of proof admitted by the parties.
Organizer obligations and responsibilities
Without prejudice to the other obligations contained in these Organizer Terms of Use, the Organizer undertakes to adhere to the following:
12.1 When using the Services, the Organizer undertakes to adhere to these Organizer Terms of Use, as well as the law and regulations in force, and to not infringe the rights of third parties or public order.
Moreover, the Organizer alone is responsible for successfully completing all administrative, tax and/or social security formalities and for the payment of all contributions and taxes of all kinds that they may owe with regard to their usage of the Services.
The Organizer alone is responsible for their usage of the Application and Services.
12.2 The Organizer undertakes to provide EventEngage with all information needed to properly deliver the Services. More generally, the Organizer agrees to actively cooperate with EventEngage for the proper execution of these Organizer Terms of Use and to inform the latter of any difficulties in such execution.
12.3 The Organizer alone is responsible for the documents, details, data, information and any content that they provide EventEngage as part of their usage of the Services. The Organizer guarantees EventEngage that they are authorized to provide this information and that they have all the rights and authorization needed to use this information within the framework of the Services.
12.4 The Organizer acknowledges having read and understood the characteristics and constraints, especially those of a technical nature, of all of the Services.
12.5 The Organizer agrees that the Services are for their use only. Consequently, the Organizer will refrain from assigning, ceding or transferring all or some of their rights and obligations under this agreement to a third party, in any manner.
12.6 The Organizer alone is responsible for all the content (text, graphical, audio, audiovisual and other content types) that it publishes on the Application (the Content) and for any resulting repercussions.
The Organizer accepts that the Content published on the Application is made public by default and may be viewed by other Application users.
12.7 The Organizer warrants to EventEngage that it has all the rights and authorizations required to disseminate this Content. The Organizer warrants that this Content is lawful, does not contravene public order, morality or the rights of third parties, does not breach any legislative or regulatory provision, and more generally, cannot in any way result in civil or criminal liability for EventEngage.
The Organizer therefore agrees to refrain from posting online, in particular, but not limited to:
- child pornography, pornography, defamatory, abusive, racist, obscene, indecent, shocking, violent, xenophobic or revisionist content,
- infringing content,
- content that violates a third party’s image,
- content that is false, misleading or proposes or promotes illegal, fraudulent or misleading activities,
- and more generally content that may infringe the rights of third parties or be detrimental to third parties, in any manner or form.
12.8 By using the Services, the Organizer authorizes EventEngage to collect, analyze and store usage statistics and activity reports concerning their use of the Services, provided they have been anonymized. EventEngage will only use these statistics for internal purposes related to the Services, and may communicate these statistics to third parties for the purposes of improving the Services. The Organizer can directly access the statistics of their use of the Application and the activity reports of their Event Page through their Account.
Organizer guarantee
The Organizer holds EventEngage harmless against any complaints, claims, action and/or demands of any kind that it may face due to the breach by the Organizer of any of their obligations or guarantees under the terms of these Organizer Terms of Use.
The Organizer undertakes to compensate EventEngage for any damage that it may suffer and to pay all of its fees, expenses and/or penalties that it may incur as a result.
EventEngage's responsibility and guarantee
14.1 EventEngage undertakes to deliver the Services diligently and in line with best practice, with the understanding that it has a best efforts obligation, to the exclusion of any performance guarantees, and the Organizer expressly acknowledges and accepts this.
14.2 EventEngage’s only role is to provide the Services described in these Organizer Terms of Use.
14.3 EventEngage is not involved in the relations between Organizer, Event Attendees and Exhibitors, and cannot under any circumstances be held liable for any difficulties that may occur between them, and cannot be involved in any disputes that may arise, notably concerning the delivery of Exhibitor services, Attendee obligations, guarantees, declarations and any other Organizer obligations.
However, with a view to continually improving the quality of the Services, EventEngage invites Organizers to feed back about any difficulties that they wish to bring to EventEngage’s attention.
14.4 EventEngage does not make any guarantee to the Organizer that the Services offered will meet all the Organizer’s needs and expectations.
14.5 EventEngage cannot be held liable for any decisions taken by the Organizer or by any third party appointed by the Organizer. Similarly, EventEngage cannot under any circumstances be held liable for the Content published by the Organizer on the Application, over which EventEngage has no oversight, or verifying or moderating role of any sort.
14.6 EventEngage undertakes to make regular checks to verify that the Application and its website https://eventengage.io/ are working properly and are accessible. In this respect, EventEngage reserves the right to temporarily suspend access to the Application for maintenance purposes.
Likewise, EventEngage cannot be held liable for users being temporarily unable or finding it difficult to access the Application if caused by outside circumstances, force majeure or caused by disruption to the telecommunications network, with Organizers being aware of the complex nature of global networks and of the times of day when large numbers of users are online.
14.7 The Services are delivered by EventEngage “as is” and without any kind of express or implicit guarantees. EventEngage does not in particular warrant to Organizers (i) that the Services, subject to a constant quest to improve, notably their performance and progress, will be totally free from errors, defects or flaws, (ii) that the Services, which are standard and are not in any way aimed solely at a specific Organizer based on their own personal constraints, will specifically meet their needs and expectations.
As such, Organizers acknowledge and accept that EventEngage offers no guarantee with regard to the success of an Event, or to the number of Attendees that could register for an Event, and/or to the use of the Application by the Attendees or Exhibitors, or to the number of networking contacts that could be made or come to fruition through the Application.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EVENTENGAGE WILL NOT BE LIABLE TO THE ORGANIZER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, CUSTOMERS OR ANY OTHER NON-MATERIAL DAMAGES) ARISING FROM OR RELATED TO THEIR ACCESS TO OR USE OF THE SERVICES, OR THEIR INABILITY TO ACCESS OR USE THE SERVICES OR ANY MATERIAL OR CONTENT OF THE SERVICES, WHETHER BASED ON ANY WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), LAW OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF EVENTENGAGE’S ENTITIES HAD BEEN ADVISED OF THE POTENTIAL DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ALL ENTITIES OF EVENTENGAGE WITH REGARD TO THE ORGANIZER FOR ANY CLAIMS ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE WITHIN THE FRAMEWORK OF THESE ORGANIZER TERMS OF USE, WHETHER CONTRACTUAL, TORTIOUS OR OTHERWISE, IS LIMITED TO THE TOTAL AMOUNT INVOICED BY EVENTENGAGE UNDER THE CONTRACT FOR THE EVENT.
EACH PROVISION OF THESE ORGANIZER TERMS OF USE WHICH PROVIDES FOR LIMITATION OF LIABILITY, EXCLUSION OF WARRANTY OR EXCLUSION OF DAMAGES IS INTENDED TO APPORTION THE RISKS AMONG THE PARTIES BY VIRTUE OF THESE ORGANIZER TERMS OF USE AND DOES AS SUCH. THIS APPORTIONMENT IS AN ESSENTIAL ELEMENT ON WHICH THE AGREEMENT BETWEEN THE PARTIES IS FOUNDED. EACH OF THESE PROVISIONS IS SEPARABLE AND INDEPENDENT OF ALL OTHER THE PROVISIONS OF THESE CONDITIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF A LIMITED MOTION FAILS IN ITS PRIMARY OBJECTIVE.
Prohibited behavior
T16.1 It is strictly prohibited to use the services for the following ends::
- carrying out activities that are illegal, fraudulent or that infringe the rights or security of third parties,
- violating public order or laws and regulations in force,
- hacking into the IT system of a third party or any activity that aims to harm, control, interfere with or intercept all or part of a third party’s information system, violate its integrity or security,
- action taken to improve the SEO of a third-party site,
- assisting with or inciting, in any manner or form whatsoever, one or more of the acts and activities described above,
- and more generally, any actions that use the Services for purposes other than that for which they have been designed.
16.2 It is strictly prohibited for Organizers to copy and/or utilize for their own ends or those of third parties the concept, technologies, all or part of the data or any other component part of the Application.
16.3 The following is also strictly forbidden: (i) any behavior that would interrupt, suspend, slow down or prevent Service continuity, (ii) any hacking or attempts to hack into EventEngage’s systems, (iii) any hijacking of the Application’s system resources, (iv) any actions that would place a disproportionate load on EventEngage’s infrastructure, (v) any attempts to breach the security and authentication systems, (vi) any acts that could infringe the financial, business or moral interests and rights of EventEngage, and finally and more generally (vii) any breaches of these Organizer Terms of Use.
16.4 It is strictly forbidden to make money from, sell or cede all or part of the access to the Services or Application, and to the information hosted and/or shared on it.
Penalties for breaches
In the event of a breach of any of the provisions of the Organizer Terms of Use, or more generally, any violation of laws and regulations by the Organizer, EventEngage reserves the right to take all appropriate measures and notably to:
- suspend, remove or prevent access to the Services for any Organizer who has committed a breach or violation, or who has taken part in one,
- delete any Content linked to the breach or violation in question, fully or partially,
- take all appropriate measures and instigate any legal proceedings,
- notify the relevant authorities where applicable, cooperate with them and provide them with all the information they need for their investigation and to suppress illegal or illicit activities.
In the event that an Organizer does not meet an essential obligation under the Contract or repeatedly breaches such obligation, EventEngage reserves the right to terminate the Organizer’s access to all or part of the Services, effective immediately, with notification of such by email. Termination will take immediate and full effect at the date that EventEngage sends the Organizer in question written notification as per the present clause. This automatically, and without prior formal notice, brings about the deletion of the Organizer’s Account without prejudice to the other consequences potentially incurred through the application of the Contract.
Confidentiality
Each party undertakes to keep strictly confidential the other party’s documents, details, data and information which it receives and which will be clearly marked by the other party as being confidential. In the case of EventEngage, the parties expressly agree that this confidentiality obligation covers the personal data that it will have to process for the Organizer within the scope of the services.
All of this information is hereafter referred to as the Confidential Information.
The party receiving the Confidential Information undertakes not to disclose this information without the other party’s prior consent for a period of three (3) years starting from the end of the delivery of the Services in question. The receiving party cannot pass on the information to employees, co-workers, interns or consultants unless they are bound by the same confidentiality obligation as the one contained in this agreement. This obligation does not cover documents, details, data and information.
- with which the receiving party was already acquainted,
- already in the public domain when sent or which would become public without any violations of these Organizer Terms of Use,
- received lawfully from a third party,
- required by the legal authorities in application of laws and regulations or with a view to establishing the rights of one of the parties under these Organizer Terms of Use.
Intellectual property
The systems, software, structure, infrastructure, databases, codes and content of any kind (text, images, visuals, logos, trademarks, databases etc.) used by EventEngage on the Application, excluding any Content belonging to the Organizer, are protected by any intellectual property rights and database producer rights in force.
Any dismantling, decompilation, decoding, extraction, reuse, copying and more generally, any reproduction, representation, dissemination and usage of any of these elements, either in full or partially, without EventEngage’s authorization, is strictly forbidden and may lead to legal action being taken.
The Organizer grants EventEngage an unlimited, perpetual, irrevocable and non-exclusive right to use their suggestions or proposals for improving the Application or the Event Pages, in any way or for any purpose.
By posting Content on the Application, the Organizer thus grants EventEngage a non-exclusive, worldwide and royalty-free right and license (with the right to sub-license) to host, store, transfer, display, run, reproduce, and modify all or part of such Content, in any format and through any channel currently known or hereafter developed.
Personal data
As part of the Services, a specific database is assigned to each Event, containing all the personal data of Attendees or Exhibitors that has been uploaded by the Organizer to the Application, as well as all personal data that Attendees or Exhibitors have provided directly to EventEngage via the Application.
EventEngage and the Organizer undertake, each acting in their own sphere, to comply with data protection regulations and in particular with EU regulation 2016/679 of the European Parliament and Council of 27 April 2016 (General Data Protection Regulation).
Within the framework of the provision of its Services, EventEngage acts successively as an external data processor and then as a data controller with regard to the personal data of those participating in the Organizer’s Events.
The specific conditions concerning the external processing of personal data as outlined in the Annex will apply.
Links and third-party sites
EventEngage cannot under any circumstances be held liable for the technical availability of websites run by third parties (including any partners) which the Organizer may access via the application.
EventEngage does not assume any liability for the content, adverts, products and/or services available on such third-party websites, and users are reminded that these sites are governed by their own terms and conditions of use.
EventEngage will not be held liable for any transactions conducted between the Organizer and any advertisers, professionals or salespersons (including its potential partners) to whom the Organizer may be directed via the Application and will not take part in any disputes whatsoever with these third parties, particularly concerning the purchase of products and/or services, guarantees, declarations or any other obligations whatsoever to which these third parties may be bound.
Force majeure
No Party may be held liable for a failure to perform its contractual obligations if this failure is due to an event beyond the control of the Parties and constituting force majeure.
The Party prevented from fulfilling its obligations must inform the other Party as soon as possible, indicating the nature of the force majeure. The Parties will come together to determine together the most appropriate means to mitigate, if possible, the consequences of the event or events constituting force majeure.
In the event that the force majeure lasts more than 3 (three) months, each Party may terminate the Contract without legal formality, without notice and without the right to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt with immediate effect.
If, following a case of force majeure, the affected Party is prevented from fulfilling only part of its contractual obligations, it remains responsible for the execution of the obligations which are not affected by the case of force majeure as well as of its payment obligations.
Upon cessation of the force majeure, the Party prevented from fulfilling its contractual obligations must immediately inform the other Party and resume fulfilment of the affected obligations within a reasonable period.
In the event of cancellation or postponement of an Event by the Organizer due to COVID-19 (Coronavirus), the Organizer must notify EventEngage as soon as possible.
The Organizer may then request postponement of the subscription due for their license(s) for said Event to a later date.
Advertising
EventEngage, in collaboration with the Organizer, reserves the right to include on any page of the Application, and in any communication with the Organizer, advertising and promotional messages in a format and in conditions decided upon solely by EventEngage.
Amendments
EventEngage reserves the right to amend these Organizer Terms of Use at any time.
Organizers will be informed about these amendments via any pertinent method.
Organizers who do not agree to the amended Organizer Terms of Use must unsubscribe from the Services following the procedure explained in Clause 9, “Length of Services and unsubscribing”.
Any Organizer who makes use of the Services after the amended Organizer Terms of Use have taken effect is deemed to have accepted the amendments.
Language
In the event that these Organizer Terms of Use are translated into one or more languages, the language of interpretation will be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
Law and jurisdiction
The Organizer Terms of Use are subject to the laws. the State of Delaware, US and will be governed and interpreted in line with it.
The courts in the State of Delaware, US will be the only court competent to deal with any disputes that may arise about their validity, interpretation or performance, unless there is a contrary and mandatory procedural requirement.
ANNEX 1 CONDITIONS SPECIFIC TO THE EXTERNAL PROCESSING OF PERSONAL DATA
GENERAL PROVISIONS
EventEgage and the Organizer undertake, each acting in their own sphere, to comply with data protection regulations and in particular with EU regulation 2016/679 of the European Parliament and Council of 27 April 2016 (General Data Protection Regulation).
Within the framework of the provision of its Services, EventEngage acts successively as an external data processor and then as a data controller with regard to the personal data of those participating in the Organizer’s Events:
- Firstly, when the Organizer creates an account and imports the list of Attendees, and right up until the end of the Event in question, EventEngage acts as an external data processor on behalf of the Organizer, the latter assuming the role of data controller.
- Then, once the Event is over, EventEngage stores the data of Attendees in order (i) to allow them to interact with the contacts they have met during the Event, (ii) to offer each Attendee, if they register for another Event, personalized interactions based on those they had during previous Events they attended. EventEngage then becomes responsible for processing this data.
The provisions of this annex apply when EventEngage acts as an external data processor on behalf of the Organizer.
The processing has the following facets:
PURPOSE OF PERSONAL DATA PROCESSING
Management of the creation and running of the Event
TYPE OF PERSONAL DATA PROCESSED
Surname, first name, email addresses, professions, telephone number, photograph, interests, business sector
TYPES OF PEOPLE CONCERNED
Attendees, Exhibitors, Organizers and Speakers
PROCESSING PERIOD
Until the end of the Event in question
PROCESSING LOCATION
Singapore
EVENTENGAGE SUB-CONTRACTOR INVOLVED IN PROCESSING
(IF APPLICABLE)
AWS and MongoDB
he Organizer is responsible for processing this data and must fulfil the obligations incumbent upon them in application of the aforementioned regulation, notably with regard to the obligation to inform the relevant people, keeping a log of processing, and, more generally, compliance with the principles stemming from the regulation.
The data provided by the Organizer to EventEngage so that the latter can deliver the services remains the Organizer’s property alone and the Organizer is solely responsible for it.
EVENTENGAGE’S OBLIGATIONS TO THE ORGANIZER
DATA PROCESSING
EventEngage undertakes to only process personal data for the purpose of delivering the services and in line with the Organizer’s documented instructions. EventEngage undertakes to inform the Organizer if, in its view, an instruction constitutes a breach of the applicable regulations.
DATA SECURITY AND CONFIDENTIALITY
EventEngage undertakes to implement appropriate technical and organizational measures to ensure the security and integrity of personal data; personal data backups and restoration in the event of a physical or technical incident. EventEngage also ensures that people authorized to process personal data are covered by an obligation to maintain data confidentiality.
OTHER SUB-CONTRACTORS
EventEngage undertakes not to make use of other external data processors without the prior written, specific or general, approval of the Organizer. In the case of a general written authorization, EventEngage undertakes to inform the Organizer of any planned changes concerning the addition or replacement of other external data processors, meaning that the Organizer has the option of objecting to these changes.
PROVISION OF INFORMATION
EventEngage undertakes to respond to any information requests made to it by the Organizer, whether it is a question of the relevant people asking to exercise their rights, an impact analysis, or a request submitted by the data protection authorities or the Organizer’s data protection officers.
NOTIFICATION OF PERSONAL DATA BREACHES
EventEngage undertakes to inform the Organizer about any personal data breach within a maximum of 72 (seventy-two) hours of becoming aware of the breach. If the Organizer needs to notify the relevant authorities about this breach, EventEngage undertakes to provide any useful documentation.
DATA RETENTION
EventEngage undertakes to delete personal data 3 (three) years after the last time the Application user logged in to the Application, whatever the reason, and to not keep any copies.
LOG AND DOCUMENTATION
EventEngage keeps a written log of data processing undertaken on behalf of the Organizer. This register also contains information relating to this processing.
If so requested by the Organizer, EventEngage makes available to the former all information needed to prove its compliance with its obligations.
END-OF-CONTRACT DESTINATION OF DATA
At the end of the Contract between EventEngage and the Organizer, EventEngage undertakes to provide the Organizer, at their request, with a copy of the personal data processed pursuant to this Contract. The Organizer is expressly informed and accepts that EventEngage may also retain this data and process it assuming the role of data controller within the framework of the Services that EventEngage offers to Attendees after the Event.
EventEngage is solely involved as an external processor of personal data.
