Last Updated: June 26, 2016
Welcome to Bizzabo. Bizzabo is a data driven Software-as-a-Service offering (the “Service”) that helps organizers of professional events to manage and promote their event experience, including communications, analytics, ticketing, polling and reporting capabilities. Event goers use Bizzabo to discover, register to and experience events.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING THE SERVICE.
By using the Service, clicking the “accept” or “ok” button, or installing and/or using the Bizzabo web and mobile software application (the “Software”) you expressly acknowledge and agree that you are entering into a legal agreement with Bizzabo Inc. (“Bizzabo”, "we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this Bizzabo End User Terms of Service (“Agreement”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not register for the Service, or download, install or use the Software.
You represent and warrant that you are of legal age and otherwise competent to enter into this Agreement in your jurisdiction and, if you are entering into this Agreement on behalf of an entity, that you are authorized to enter into this Agreement on behalf of such entity.
Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) use the Service in connection with events you participate in; (ii) download, install and use the Software on a mobile telephone, tablet, computer or device (each, a “Device”) that you own or control; and (iii) access and use the Service and the Software on that Device in accordance with this Agreement and any applicable Usage Rules (as defined below).
You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Software; (ii) disassemble, reverse engineer, decompile, decrypt or attempt to derive the source code of, the Software; (iii) copy (except for back-up purposes), modify, improve or create derivative works of the Software or any part thereof; (iv) circumvent, disable or otherwise interfere with security-related features of the Service or Software or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Software; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Service or Software; (vi) use any communications systems provided by the Service or Software to send unauthorized and/or unsolicited commercial communications; (vii) use the Bizzabo name, logo or trademarks without our prior written consent; and/or (viii) use the Service or Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this Agreement.
In order to use some of the Service or Software features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account. You acknowledge and agree that information you provide in the course of creating an Account, joining an event community or registering for an event or use of the Service, including but not limited to, name, email address, phone number, physical address, and employer, may be provided to and maintained by the Organizer, whether or not you complete the registration process, and may be used by the Organizer in connection with the event or future events or other products and services.
If you are downloading the Software from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the Software and Service (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the Software has been downloaded from. You acknowledge that, prior to downloading the Software from a Distributor or using the Service, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the Software and Service are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Software; if you are unable to make such a representation you are prohibited from installing and/or using the Software. You agree that any right to refund under the Usage Rules shall not apply to fees you pay for the events you sign up for using the Service.
If you are using the Software or Service in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the Software or Service unless your vehicle is stationary and legally parked.
The Service enables you to view, access, link to, and use content from Third Party Sources (as defined below) that are not owned or controlled by us (“Third Party Content”). The Service may also enable you to communicate and interact with Third Party Sources. “hird Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers.
We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety or Intellectual Property Rights (as defined below) of, or relating to, any Third Party Content.
We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
By using the Service you may be exposed to Third Party Content that is inaccurate, offensive, indecent or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Bizzabo, and release Bizzabo from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
The Service may permit the hosting, sharing, posting and publishing of content by you and other users (“User Submissions"). Your User Submissions may be posted to the Service, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete and/or remove any and all User Submissions at any time and for any reason.
Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by this Agreement. You retain all of your ownership rights in your User Submissions.
Exposure. You understand and acknowledge that when accessing and using the Service: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) herein.
Disclosure. We reserve the right to access, read, preserve and disclose any User Submission or any other information that we obtain in connection with the Service as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce this Agreement, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to your user support requests; or (v) protect the rights, property or safety of Bizzabo, our users or the public.
Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission or Message that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this Agreement.
Removal of Content. It is the policy of Bizzabo to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), Bizzabo has designated a Copyright Agent (as specified below) to receive notifications of claimed copyright infringement in connection with: (i) the Software, the Service and other mobile applications that we license; and/or (ii) the websites that we operate. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of Service users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent with the following information in accordance with the DMCA:
Counter-Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the Digital Millennium Copyright Act, 17 U.S.C. (the “Copyright Act”) Section 512(g)(3) to confirm these requirements):
Misrepresentations. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Copyright Agent. Bizzabo’s agent for notice of claims of copyright infringement (“Copyright Agent”) can be reached as follows:
Name: Bizzabo Inc.
Address: 43 West 23rd Street, New York, NY, 10010
Ownership. The Software and Service is licensed and not sold to you under this Agreement and you acknowledge that Bizzabo and its licensors retain all title, ownership rights and Intellectual Property Rights in and to the Software and Service (and its related software). We reserve all rights not expressly granted herein to the Software and Service. “Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
Content. The: (i) content on the Service which has been provided by Bizzabo, including without limitation, text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”); and (ii) Bizzabo’s trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, the “Bizzabo Content”); is the property of Bizzabo and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Bizzabo” and the Bizzabo logo are Marks of Bizzabo and its affiliates. All other trademarks, service marks or logos used on the Software or Service are the trademarks, service marks or logos of their respective owners.
Use of Content. The Bizzabo Content is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, decompiled or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Bizzabo Content you must retain all copyright and other proprietary notices contained therein.
Changes to Bizzabo Content. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Bizzabo Content is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the Bizzabo Content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the Bizzabo Content.
The License granted hereunder is currently for free, however, we may in the future charge a fee for certain features and/or uses. You will not be charged for any such uses of the Service unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Service.
Please be aware that your use of the Service may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
Payment information and payment methods provided by event organizers (each, an “Organizer”) are specified and presented through the Service, within the registration process to the applicable event, as set forth by the Organizer. If you wish to purchase tickets through the Service (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card information. You agree that all information that you provide in connection with the Transaction will be accurate, current and complete and consent to disclosure, transmission and use of such information as necessary to process the Transaction. You agree to pay all charges incurred by you at the prices then in effect. You will also be responsible for paying any applicable taxes relating to your Transactions. The sale or purchase of tickets to entertainment events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, and you agree not to hold us liable for your failure to comply with any law or our failure to notify you of, or properly apply, any law. We will comply with law enforcement authorities and may provide them with any and all information you submit to us to assist in any investigation or prosecution they may conduct. You agree that you will only use credit cards belonging to you, friends, colleagues or family members who expressly authorize such use, for the purpose of conducting Transactions. You hereby grant Bizzabo the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Cancellation; Refunds Policy. Before purchasing tickets, we ask you to carefully review your event selection and review the cancellation policy, set forth by the Organizer. The ticket prices, availability, cancellation and refund policy are determined by the Organizer and are set forth throughout the registration process or within the cancellation policy set forth by the Organizers. Your right to cancel a Transaction and to receive any refund is subject to the Organizer’s cancellation policy. If no cancellation policy was provided by the Organizer in connection with the registration process, cancellation may not be possible and there may be no refunds given. For all types of Transactions, it is the responsibility of the Organizer to communicate its refund and cancellation policy to you and to issue you refunds via the Service or otherwise. All communications or disputes regarding refunds are between you and the Organizer, and Bizzabo will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Transaction. All communications and disputes regarding cancellations, chargebacks and refunds are between you and the Organizer, and Bizzabo will not be responsible or liable in any way for chargebacks in connection with a your use of the Service for processing Transactions. If you wish to request a refund, you should contact the applicable Organizer directly. You hereby agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased.
Cancellation and Postponement. Occasionally, events are canceled or postponed. Bizzabo is not liable for any damages caused to you, should this occur. It is the Organizer’s responsibility to attempt to contact you to inform you of refund or exchange procedures for the event. If the event was moved or rescheduled, the Organizer may set refund limitations. Bizzabo will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event. Please contact the Organizer for more information or to request a refund if you cannot attend the rescheduled event.
Unlawful Resale of Tickets; Commercial Purposes. Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. In addition, Bizzabo reserves the right to restrict or deny ticket purchasing privileges to anyone that Bizzabo determines, in its sole discretion, to be in violation of any of the terms of this Agreement.
THE SOFTWARE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SOFWARE OR SERVICE WILL OPERATE ERROR-FREE, THAT THE SOFTWARE OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SOFTWARE OR SERVICE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
IF YOU HAVE A DISPUTE WITH ANY OTHER SERVICE USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
UNDER NO CIRCUMSTANCES SHALL BIZZABO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR SERVICE EVEN IF BIZZABO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, BIZZABO’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO BIZZABO FOR USING THE SOFTWARE OR SERVICE (NOT INCLUDING ANY FEES PAID FOR TRANSACTIONS) WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
You agree to defend, indemnify and hold harmless Bizzabo and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Software or Service, including but not limited to your User Submissions or Messages; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any Intellectual Property Right or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
You represent that you are not, and will not make the Software or Services available to, the resident of any embargoed country or a prohibited person under any export control or anti-terrorism law, regulation or list. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Software, the Service, nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
We may from time to time provide updates or upgrades to the Software and Service (each a “Revision"), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Software and Service. All references herein to the Software and Service shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Software or Service, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Service or Software; and/or (ii) terminate this Agreement and your use of the Service or Software with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Service or Software in any way, your only recourse is to immediately discontinue use of the Service or Software.
Upon termination of this A greement, you shall cease all use of the Software and Service. This Section 20.2 and Sections 12 (Intellectual Property Rights), 14 (Privacy), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 17 (Indemnity), and 21 (Assignment) to 24 (General) shall survive termination of this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Bizzabo without restriction or notification.
We reserve the right to modify this Agreement at any time by sending you a notification and/or publishing the revised Agreement on the Service. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the Software or Service thereafter means that you accept those changes.
This Agreement shall be governed by and construed in accordance with the laws of New York, NY, USA, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York, NY, USA, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
This Agreement, and any other legal notices published by us in connection with the Service and Software, shall constitute the entire agreement between you and Bizzabo concerning the Service and Software. In the event of a conflict between this Agreement and any of the foregoing, the terms of this Agreement shall prevail. No amendment to this Agreement will be binding unless in writing and signed by Bizzabo. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Apple. If you download the Software from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS app) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement: