Effective: DECEMBER 17, 2020
ProGlobalEvents, Inc., a California corporation, with respect to its BeyondLive hosted offering (“BeyondLive,” “we,” “our,” or “us”) owns and operates its proprietary and hosted virtual conference software platform that enables event organizers to host and manage virtual conferences and events (the “BeyondLive Platform”).
IMPORTANT — PLEASE READ THESE TERMS CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN YOU AND BEYONDLIVE GOVERNING YOUR USE OF THE BEYONDLIVE PLATFORM. BY USING OR ACCESSING THE BEYONDLIVE PLATFORM IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, ATTENDING AND/OR PARTICIPATING IN ANY EVENT: ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS.
NOTICE OF AGREEMENT TO ARBITRATE: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH IN, AND SUBJECT TO, SECTION 17.
NOTICE OF WARRANTY & LIABILITY DISCLAIMERS: PLEASE BE ADVISED THAT BEYONDLIVE DOES NOT PROVIDE ANY WARRANTIES TO YOU AND THESE TERMS LIMIT OUR LIABILITY TO YOU.
YOU MAY NOT ACCESS OR USE THE BEYONDLIVE PLATFORM IF YOU DO NOT AGREE TO THESE TERMS.
- ELIGIBILITY. You must be at least 18 years of age or the age of majority in your jurisdiction to access and use the BeyondLive Platform. You affirm that you are at least 18 years old or the applicable age of majority in your jurisdiction, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
- PRIVACY. If you provide us any personal information in connection with your access and/or use of the BeyondLive Platform, BeyondLive will process such personal information as described in these Terms and the BeyondLive Privacy Notice. By using our BeyondLive Platform, you acknowledge and agree that BeyondLive can process your information in accordance with these Terms and as set forth in the BeyondLive Privacy Notice. Please note that certain information collected by us in connection with your use of the BeyondLive Platform is controlled by the Organizer and the Organizer, not BeyondLive, determines its own policies regarding storage, access, modification, deletion, sharing, and retention of such information which may apply to your use of the BeyondLive Platform. Please check with the Organizer about the policies and processes it has in place with respect to the access, use and disclosure of information you submit in connection with your use of the BeyondLive Platform.
- ACCESS AND USE OF THE BEYONDLIVE PLATFORM
- Rights and Licenses. Subject to the terms and conditions of these Terms, BeyondLive grants to you a personal, non-exclusive, non-sublicensable, non-transferable limited right during the applicable Event to access the BeyondLive Platform, over the internet, solely to attend and participate in the applicable Event, and in accordance with these Terms and the applicable documentation.
- Restrictions and Prohibited Uses. You shall not, and shall not permit any other person to:
- use the BeyondLive Platform (or any part thereof) or allow access to it, in a manner that circumvents contractual or functional usage restrictions or that exceeds any applicable usage parameters or restrictions;
- license, sub-license, sell, re-sell, rent, lease, transfer, distribute, time share or otherwise make any portion of the BeyondLive Platform available for access by third parties except as otherwise expressly provided in these Terms
- access or use the BeyondLive Platform (or any part thereof) for the purpose of developing competitive products or services;
- reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets, or any underlying ideas, algorithms and/or technology from or about the BeyondLive Platform;
- use the BeyondLive Platform, and/or store, transmit or upload any material or content through the BeyondLive Platform, in a way that violates or infringes upon the rights of a third party, including those pertaining to: contract, intellectual property, privacy, or publicity;
- remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of BeyondLive or its suppliers on or within the BeyondLive Platform and/or any applicable documentation;
- interfere with or disrupt the integrity or performance of the BeyondLive Platform (or any part therefor), or any system, network or data or cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of the BeyondLive Platform;
- attempt to gain unauthorized access to the BeyondLive Platform (or any part thereof), or its related systems or networks;
- frame or utilize framing techniques to enclose the BeyondLive Platform or any portion thereof;
- use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the BeyondLive Platform (or any part thereof), content, or the personal information of others without BeyondLive’s prior written permission or authorization;
- use the BeyondLive Platform to store or transmit any malicious or unsolicited code or software, or store, transmit or upload any material and/or content that is false, inaccurate, illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, infringing, libelous, tortious, or otherwise objectionable in BeyondLive’s reasonable opinion;
- impersonate any person or entity, use a fictitious name, or falsely state or otherwise misrepresent your affiliation with any person or entity; or
- use the BeyondLive Platform in any manner that violates in any law, rule, regulation or any other legal or regulatory requirement imposed by any regulatory or government agency, including, without limitation, export laws and regulations.
- User Interactions. You acknowledge and agree that your interactions and dealings with the Organizer and/or any other users of the BeyondLive Platform, are solely between you and the Organizer and/or such other users. You acknowledge and agree that any problems or disputes between you and the Organizer and/or any other user with respect to any agreements, interactions, dealings, and/or communications must be resolved solely between you and the Organizer and/or such other user (as applicable). BEYONDLIVE IS NOT RESPONSIBLE FOR ANY LOSS, HARM OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH INTERACTIONS OR DEALINGS, AND BEYONDLIVE HAS NO OBLIGATION TO BECOME INVOLVED IN ANY RESULTING DISPUTE.
- Disputes. IF THERE IS A DISPUTE BETWEEN YOU AND THE ORGANIZER AND/OR ANY OTHER USERS OF THE BEYONDLIVE PLATFORM, YOU AGREE THAT BEYONDLIVE IS UNDER NO OBLIGATION TO BECOME INVOLVED. YOU HEREBY RELEASE BEYONDLIVE, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE BEYONDLIVE PLATFORM. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
- Third Party Integrations. The BeyondLive Platform may offer integrations and/or the ability to connect with certain third party products, services or software (including, without limitation, data products and services) which are subject to separate terms and conditions (collectively, “Third Party Integrations”). If you decide to access and use such Third Party Integrations, your use of such Third Party Integrations is governed solely by the terms and conditions of such Third Party Integrations, and BeyondLive does not endorse, is not responsible for, and makes no representations as to such Third Party Integrations, their content or the manner in which they handle your data. BeyondLive is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Third Party Integrations, or your reliance on the privacy practices or other policies of such Third Party Integrations. BEYONDLIVE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED THROUGH, OR IN CONNECTION WITH, THE BEYONDLIVE PLATFORM (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY INTEGRATIONS), AND BEYONDLIVE WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF SUCH THIRD PARTY PRODUCTS OR SERVICES AND/OR THIRD PARTY INTEGRATIONS.
- Changes to the BeyondLive Platform. BeyondLive reserves the rights to either temporarily or permanently modify, suspend or discontinue the BeyondLive Platform (or any part thereof) with or without notice. You agree that BeyondLive will not be liable to you or to any third party for any modification, suspension or discontinuance of the BeyondLive Platform (or any part thereof).
- Participation in Organizer’s Contest. By participating in Organizer’s virtual point collection competition (the “Contest”), you are agreeing to be bound by the terms and conditions of this Section 3.7. For each of Organizer’s product showcase videos you view to completion, you will earn a point. Prizes will be given out after the Event based on how many points you earn. In order for the Contest to function correctly, you must provide your preferred email address from which you wish to be contacted. You consent to receive future communications from Organizer, including but not limited to, email notifications and updates on the status, and results, of the Contest as well as other future competitions or events Organizer may organize. You understand you can unsubscribe from future emails from Organizer at any time by using the appropriate link in emails from Organizer. NOTWITHSTANDING SECTION 7 BELOW, IN NO EVENT WILL ORGANIZER, BEYONDLIVE OR THEIR RESPECTIVE PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES AS A RESULT OF YOUR PARTICIPATION IN THE CONTEST.
- SUSPENSION & TERMINATION. These Terms will remain in full force and effect as long as you continue to access or use the BeyondLive Platform (or any part thereof), or until terminated in accordance with the provisions of these Terms. At any time, BeyondLive may (a) suspend or terminate your rights to access or use the BeyondLive Platform (or any part thereof), or (b) terminate these Terms with respect to you if BeyondLive, in good faith, believes that you have used the BeyondLive Platform (or any part thereof) in violation of these Terms, including any incorporated guidelines, terms or rules. Upon termination of these Terms, your right to use the BeyondLive Platform will automatically terminate.
- BEYONDLIVE PROPRIETARY RIGHTS
- Proprietary Rights. As between you and BeyondLive, BeyondLive and its licensors retain all right, title and interest in and to the BeyondLive Platform, any and all content, messages, data, text, graphics, images, photos, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the BeyondLive Platform (collectively, the “Content”), any and all modifications, enhancements and updates to the BeyondLive Platform and/or Content. The BeyondLive trademarks are strictly owned by BeyondLive, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license or other rights to any BeyondLive trademark without written authorization from BeyondLive. The trademarks, service marks, logos, and/or names of individuals, companies and/or products mentioned through the BeyondLive Platform or within the Content may be the trademarks of their respective owners. BeyondLive reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by BeyondLive. The BeyondLive Platform, and its underlying technology, and Content are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.
- Feedback. You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the BeyondLive Platform, including, without limitation, the functioning, features, and other characteristics or component thereof (“Feedback”) may be used by BeyondLive without compensation or attribution to you, and you hereby grant BeyondLive, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all your intellectual property rights in and to such Feedback, for BeyondLive to use and exploit for any purpose.
- NO WARRANTIES. THE BEYONDLIVE PLATFORM, CONTENT, AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY BEYONDLIVE HEREUNDER ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND. BEYONDLIVE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
- 7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEYONDLIVE OR ORGANZIER BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE TERMS, THE BEYONDLIVE PLATFORM, CONTENT AND ANY OTHER MATERIALS AND/OR SERVICES PROVIDED BY BEYONDLIVE, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF BEYONDLIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION: (A) IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF $100 USD. THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- APPLICATION OF LIMITATIONS AND DISCLAIMERS TO CONSUMERS. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the disclaimers, exclusions and limitations set forth above may not apply to you if you are a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
- ELECTRONIC COMMUNICATIONS. By using the BeyondLive Platform, you consent to receiving electronic communications from BeyondLive, including, without limitation, notices posted on the Site, via email, and/or through the user interface of the BeyondLive Platform. These electronic communications may include notices about information concerning or related to your use of the BeyondLive Platform.
- AVAILABILITY OF THE BEYONDLIVE PLATFORM. Information describing the BeyondLive Platform is accessible worldwide but this does not mean the BeyondLive Platform, or certain portions thereof, are available in your country. BeyondLive may restrict access to the BeyondLive Platform, or portions thereof, in certain countries in its sole discretion. It is your responsibility to make sure your use of the BeyondLive Platform is legal in your country of residence. The BeyondLive Platform may not be available or accessible in all languages.
- GOVERNING LAW; DISPUTE RESOLUTION. These Terms shall be governed by, construed and enforced in accordance with, the laws of the State of California, without reference to its choice of law rules to the contrary. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in Santa Clara county, California, in connection with any action arising out of or in connection with these Terms. Notwithstanding anything to the contrary herein, either party may seek injunctive or other appropriate relief in any court with competent jurisdiction in any country, in the event of any actual or alleged violation of such party’s Intellectual Property Rights or Confidential Information by the other party.
- GENERAL. Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Any waiver of any provision of these Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right. If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in these Terms. The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in these Terms and its performance shall be construed as creating a joint venture or agency between BeyondLive and you. BeyondLive may delegate the performance of any services hereunder to its affiliates and contractors. These Terms, the BeyondLive Privacy Notice, and any other policies or terms and condition referenced herein, constitute the entire agreement between the parties regarding the subject matter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described. Any notice to you may be provided by email. The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms. As used in these Terms, the word “including” means “including but not limited to.” You agree that these Terms will not be construed against BeyondLive by virtue of having drafted them. The official text of these Terms (and any notice submitted hereunder) will be in English. The parties acknowledge that they require that these Terms be drawn up in the English language only. In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language. Any delay in performance of any duties or obligations of either party will not be considered a breach of these Terms if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or any other event beyond the reasonable control of such party.
- QUESTIONS AND ADDITIONAL INFORMATION. Please feel free to contact us at [email protected] if you have any questions about these Terms.