Eventact software as a service - terms of service
Last Updated: July 1, 2018
- This Agreement defines the rights and obligations of the User Entity, an individual, company or other legal entity ("Customer") when using the Eventact EMS Software as a service (The "Service") and / or the Software underlying the Service
(The "Software" and/or the "Service").
- This agreement is the binding agreement between the customer and Eventact Ltd ("EventAct"), which holds all the rights in the service and the software.
- By using the Service or the Software, you expressly and explicitly agree to the terms of this Agreement and the Copyright Policy which is an integral part of the terms of the Agreement. If you do not agree to all or some of these terms, you may not use the Service and you are requested to refrain from using it.
1. The license and use of the Software
- 1.1. EventAct owns the software underlying the Service. The copyright in the Software is wholly owned by EventAct, belongs to it or is in its possession by virtue of a valid agreement or by law, including with regard to distribution or marketing thereof.
- 1.2. The Software and/or Service are licensed, not sold by Eventact.
- 1.3. All intellectual property rights relating to the Service (and any derivative work or improvement thereof), including but not limited to, all software, technology, information, content, instructions, documents, changes, improvements and feedback shell remain the property of Eventact.
- 1.4. Nothing in this Agreement has the effect of assigning or transferring intellectual property rights to the Customer. Customer does not acquire any right or interest related to the Service, except for the limited use rights expressly set out in this Agreement. Any right not expressly granted in this Agreement is reserved to EventAct. "Intellectual Property Rights" means all rights existing from time to time under any law in US or outside of it.
- 1.5. The contractual relationship to this Agreement is not exclusive, and inter alia, the engagement in this Agreement or its execution shall not prevent EventAct from selling, renting or giving any third parties permission to use the Software or the Service.
- 1.6. The customer will receive a password and an account for use of the service.
The customer is responsible for maintaining the confidentiality of the password and the account, for authorizing employees to access the account,
for restricting the scope of the authorization to perform the obligations under this Agreement,
and for all activities performed within the customer's account.
The Customer agrees to immediately notify EventAct of any unauthorized use or access to the Service,
Customer's password or account, or any other breach of security.
EventAct shall not be liable for any loss or damage resulting from the customer's lack of responsiveness to these security obligations. Customer acknowledges and agrees that under no circumstances shall EventAct assume any liability for any actions or omissions by Customer or any End User, including any damages of any kind caused by such actions or omissions.
2. Restrictions on the use of the Software
- 2.1. The Service is not intended for use in any activities where failure may result in death, personal injury, or other physical or environmental damage and the Customer undertakes not to make use of the Service in such activities.
- 2.2. The Service is not directed to children under 18 years of age.
- 2.3. The Customer will not use the Service in any connection to spam. If it becomes clear that such a connection exists or end customer's complaint rate exceeds industry norms Eventact can immediately suspend the customer account until the issue is resolved, without derogating from any right it has under any law, to permanently terminate the service to the customer, in which case the customer will bear any direct or indirect damage caused to Eventact.
(e) Customer agrees to avoid, and not permit others: (a) to adapt, translate or modify the Software; (B) decrypt, decompile, disassemble, reverse engineer, or attempt to discover the source code or object in any other manner except where the applicable laws prohibit this limitation; (C) copy the Software; or (d) sublicense, lend, sell or rent the Service, or any component thereof; or (e) take any action to override the security or system usage rules provided, deployed or enforced by any functionality contained in the system.
3. Customer Content
- 3.1. EventAct will not be liable or responsible for any content made available through its Service.
- 3.2. The customer is solely responsible for the accuracy and authenticity of any content, including but not limited to data, texts, content, images, media files, graphics, video, messages in the customer account.
- 3.3. The customer is fully and exclusively responsible for any result that results from the publication of content provided by him.
- 3.4. The customer is responsible to ensure content or information he uploads or otherwise makes public through the Service is legal, appropriate and comply with the applicable legislation and other regulatory requirements.
- 3.5. The customer is responsible and confirms that he owns all the rights necessary to use and publish to any content uploaded, provided, imported, copied, to the service, including any designs, images, graphics, animations, videos, audio files, fonts, logos, code and illustrations.
- 3.6. The following content may not be published through the Service: Content that encourages the commission of a criminal offense or is likely to constitute the basis for a civil suit or liability; B. Content you know is false, misleading, or garbled; Content that violates the privacy or good name of a person and / or body; Content that personally identifies other people without their consent to publicize their identity; Content that infringes or violates the proprietary rights of others - including copyrights and trademarks; Pornographic or sexually explicit content; Content of a harassing, offensive, hostile, threatening, or rude nature or content; Content relating to minors and identifying them; Content that defames a person or infringes his privacy or reputation; Content that contains, or encourages, racism, or unlawful discrimination; content which may mislead a consumer; Computer software, computer code or application that includes computer viruses and / or malicious applications of any kind; Passwords, usernames and other details that enable the use of services, which require registration or payment, without such payment or registration; Content prohibited for publication under any law and / or agreement.
4. Warranty, Limitation of Liability
- 4.1. The Service and documentation are provided "as is" without and warranty of any kind. To the maximum extent legally permissible
- 4.2. EventAct does not undertake that: (a) the use of the Service will be in accordance with the Customer requirements; (B) the use of the Service shall not be interrupted, accurate, secure, or error-free; (C) any information obtained as a result of the use of the Service is accurate or reliable, and (d) defects in the operation or functioning of the Software underlying the Service will be corrected.
- 4.3. Except in the event of malicious action by an EventAct, Eventact shall not be liable for any damage, loss or expense (collectively - "damages") of any kind caused to the Customer, to anyone acting on his behalf and / or to a third party due to the use of the Software including in the event of data loss, or security breach. The customer waives and releases the action from any liability for such damage, even if the possibility of such damage was brought to the attention of Eventact and / or Eventact was supposed to be aware or check or receive advice regarding the possibility of such damage.
- 4.4. Notwithstanding anything contained herein to the maximum extent permitted by applicable Law, the maximum aggregate liability of each Party (including its Related Parties) arising out of or in connection with this Agreement shall not exceed the greater of (i) the aggregate amount actually paid by Customer for the use of the Services for the specific project during the period giving rise to such liability, and (ii) five hundreds U.S. dollars (U.S. $500).
- 5.1. When using the system, information may be collected about the way you access, use and interact with features in the system, equipment you used, the location of the computer through which you accessed the system, its IP address and more (hereinafter: the "Information"). EventAct may store the information in its servers.
- 5.4. If you do not want to accept cookies, you can avoid this by changing your browser settings. Disabling cookies can cause you to be unable to use some of the features provided by the Services or not to use the Service in the best possible manner.
- 5.5. Do Not Track. Certain web browsers may allow you to indicate your preference that you do not wish to be "tracked" online. At this time this preference setting is ignored by the Service. The experience and behavior of Service and the Information we collect from you is not changed based on whether or not Do Not Track preference is indicated.
- 5.6. Web beacon is often a special image, often invisible that is placed on website or in an email that is used to identify the loader. We may use Web beacons and other similar technologies to monitor the actions of system users and e-mail users, and to verify receipt of emails.
- 5.7. Eventact will not supply customer's personal information to third parties without the prior consent of the Customer concerned, except as permitted by law and in the event that EventAct believes that the disclosure of information is necessary for the prevention of damage to your body or property or to the body or property or the good name of a third party or in response to a legal action or to enforce Eventact rights and claims.
6. Direct Marketing
- 6.1. EventAct may periodically send you information about its services, as well as marketing and advertising information - whether information Eventact itself posts or information Eventact will receive for delivery from others.
6.2. You may at any time remove your information from the Direct Mailing List and / or cancel receipt of the Advertisement by contacting Eventact at firstname.lastname@example.org or by calling Customer Service. In any case, Eventact can still send you messages that the law does not prevent Eventact from sending them to you, despite your refusal.
7. Technical Support
- 7.1. The Customer is responsible for responding to any questions and complaints from End Users or other third parties regarding Customer's or End User's use of the Service, and such support services will be provided at Customer's expense. Subject to the terms and conditions contained in this Agreement, EventAct will provide Customer with technical support services pursuant to the Technical Support Services guidelines of the EventAct which will be in force at that time for the Service. Prior to submitting any support request to Eventact, the Customer will first invest reasonable efforts in responding to the end-user on its own, without referring the issue to EventAct and may then submit a written request for technical support through the online Help Center located at http://www.eventact.com/support/ or such other URL as Event Act may provide.
- 7.2. EventAct will make commercially reasonable effort to respond to each Technical Support request in accordance with the priority level as classified by Eventact and particular Service Level Agreement, if such agreement between the Customer and EventAct exists.
7.3. Notwithstanding the foregoing, EventAct will not be responsible for handling malfunctions in the Customer's or end-users offices, computer, other software, infrastructure and / or failures resulting from external factors such as power outages, weather damage, etc.
- 8.1. Each party understands that the other party may disclose Confidential Information in the course of performing its obligations under this Agreement. The Confidential Information of each party will remain its sole property. Confidential Information will be used by the recipient party only for purposes of, or as otherwise authorized by, this Agreement. Except as expressly provided herein, each party will hold the Confidential Information of the other party in strict confidence and protect such Confidential Information from disclosure using the same care it uses to protect its own confidential information of like importance, but not less than reasonable care.
- 8.2. Except as expressly provided herein, no Confidential Information will be disclosed by the receiving party without the prior written consent of the other party, except that each party may disclose this Agreement and the other party's Confidential Information to its directors, employees, attorneys, agents, auditors, insurers, potential investors and subcontractors who require access to such information in connection with their employment or engagement and who are obligated to keep such information confidential in a manner no less restrictive than set forth in this Section.
- 8.3. Confidential information of any party shall not include information which: (a) is open to the public or becomes such without action or omission on the part of the recipient; (B) was the legal owner of the recipient prior to his delivery and has not been obtained by the recipient directly or indirectly from the moral; (C) was delivered to the recipient legally by a third party without specifying a restriction on the right of the recipient to deliver it, and in cases where the recipient was not aware that the information is confidential information of the submitter; Or (d) independently developed by the Recipient without breach of this Agreement.
- 8.4. The Receiving Party may disclose confidential information only to comply with a court order, subpoena or other governmental request (if the recipient takes all reasonable commercially reasonable efforts to inform the moral and grant the moral an opportunity to appeal the court order, Except in circumstances where the recipient is precluded, on the basis of a lawful governmental request, from providing information regarding the existence of a court order, summons or government demand).
- 8.5. The source code and object of the underlying software of the Service remains a commercial secret of EventAct. Customer may not review the object code or the source code of the Software for any reason at any time.
9. Terminating the service
- 9.1. The terms apply as soon as the Customer access the Service and until service is terminated by the Customer or Eventact
- 9.2. The customer can terminate the Service by closing his account through the Service or by contacting customer support.
- 9.3. EventAct reserves the right to block Customer access to the Service or terminate it if (a) the customer violates or breach these terms. If the customer misuse or abuse the Service; or (b) use it in a way not intended or permitted by Eventact; or (c) allowing the customer to use the Service will risk Eventact or its customers; or (d) non-payment as defined between the customer and Eventact.
- 9.4. Any provision of this Agreement is otherwise determined to be prohibited or unenforceable in any jurisdiction or by a competent court or arbitrator, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provision hereof, and any such prohibition on unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
- 9.5. To the extent that you agree on behalf of your employer or on behalf of another body that you represent, you undertake that: (a) you have full legal authority to bind your employer or another similar entity to these terms and conditions; (B) you have read and understood this Agreement; and (c) you agree, on behalf of the body you represent, to what is stated in this Agreement.
10. Notification of Changes.
- 10.1 Eventact may notify you of any changes to this Agreement by way of an email, by posting on Eventact website or through the Eventact Service. Changes to this Agreement will be effective 30 days following such notice. Your continued use of the Service or other aspects of the Software after any change has become effective will constitute your acceptance of that change. Unless Eventact seek and receive consent from you, Eventact will use the Personal Information Eventact collect and obtain about you or from you in accordance with the version of this Policy effective when the Personal Information was last collected.