360 Signature Events Terms of Service for Clients
Effective January 1st 2020
PLEASE READ THESE TERMS OF SERVICE (“TERMS” OR “AGREEMENT”) CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By accessing or using the 360 Signature Events Services, you agree to these Terms. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY.
360 Signature Events Group is a division of AMK Communications Limited, which is a Blackslate Company. We, 360 Signature Events Group (“360Events”), provide various event management services and solutions to event organizers (each, a “Client”) for use in connection with one or more events (each, an “Event”). These solutions include mobile applications, websites, attendee data management tools and other event-related products (collectively, the “Products”). Our Clients may, in turn, make some of these Products available to their customers for the purpose of attending and participating in their Events (“End Users”). We also offer certain support and hosting services related to the Products, as well as the 360 Signature Events Group website currently located at www.360eventsgroup.com and all subdomains therein (the “Site” and, together with the Products and related support and hosting services, the “Services”).
These Terms apply to your use of the Services if you are accessing the Services as a Client or on behalf of a Client to create and manage one or more Events (together with the Client, “you” or “your”).
If you are accessing the Services as an End User, please visit the 360 Signature Events Group Terms of Service applicable to End Users, available at https://360Events.com/terms_of_service.
These Terms are subject to change at any time, without prior notice. Any changes that are made to these Terms will not apply retroactively and will not apply to disputes or events occurring before the change is published.
To the extent that, in connection with your use of the Services, you access, store, or otherwise process any personal information of End Users, you agree to comply with all applicable laws, regulations, rules, orders, and ordinances with respect to such information including, but not limited to, the European Union’s General Data Protection Regulation (2016/EC/679) (the “GDPR”), the Children’s Online Privacy Protection Act (“COPPA”), and the CAN-SPAM ACT.
In furtherance, and not by limitation of, the foregoing, if we share information with you about End Users residing in the European Union or Switzerland, you represent and warrant that: (i) you will provide at least the same level of privacy protection as is required by the EU-US Privacy Shield Principles and the Swiss-US Privacy Shield Principles (the “Principles”) with respect to such information; (ii) you will take reasonable and appropriate steps to ensure that you effectively process the personal information transferred in a manner consistent with the Principles; (iii) you will notify us if you makes a determination that you can no longer meet your obligation to provide the same level of protection as is required by the Principles; (iv) upon notice, including under (iii), we may take reasonable and appropriate steps to stop and remediate unauthorized processing; and (v) we may provide a summary or a representative copy of the relevant privacy provisions of this Agreement to legal relevant authorities upon request.
We offer various products as part of our Services. The following provisions shall apply to your use of the Services generally. If you use one of the special products listed in Sections 5(b) or 5(c), certain additional terms listed in those Sections will apply to your use of the Services.
We respect the rights of third-party creators and content owners and expect that you will do the same. Given the nature of the Services and the volume of information submitted, we cannot and do not monitor all messages, data, information, text, graphics, audio, video or other materials and content of any kind posted/uploaded/transmitted to or through the Services by our users (collectively, “User Content”, and any such User Content posted to or through your 360Events account, “Your Content”). You expressly agree that we: (a) will not be liable for any User Content and (b) reserve the right to review, reject, delete, remove, modify, or edit any User Content at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Services for any reason, including any of Your Content that we believe violates these Terms or our Acceptable Use Policy below.
It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under applicable intellectual property laws.
Please submit any notification of claimed copyright infringement on the Services to the following Designated Agent:
To be effective, the notification must be a written communication that includes the following:
The following is a partial list of the kinds of activities that are prohibited on or through the Services: (a) submitting User Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting User Content that could be harmful to minors; (c) engaging in activity or submitting User Content that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about End Users, including names, phone numbers, addresses, email addresses without End Users’ prior consent; (e) engaging in activity, or submitting User Content, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting User Content that contain restricted or password only access pages, or hidden pages or images; (g) submitting User Content that displays pornographic or sexually explicit material of any kind; (h) submitting User Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting User Content that contains viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting User Content that solicit passwords or personally identifiable information for unlawful purposes from other users of the Services; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Services or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; (n) decompiling, reverse engineering, or disassembling the software underlying the Services or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Services or our hardware and software infrastructure or that of any of its licensors or suppliers. In addition, you covenant and represent that you will not use the Services for any purpose other than those permitted herein, nor will you use the Services in violation of the law or these Terms. While we are not under any obligation to monitor User Content, we may, in its sole determination, remove any Content that we deem objectionable, offensive, unlawful or in violation of these Terms.
For clarity, the rights you grant in this license are for the limited purpose of operating, promoting, developing and improving our Services. Subject to the limited license below, you retain all of your rights in all of Your Content. Unless agreed otherwise in writing signed by us, by submitting Your Content, you hereby grant to us for the purpose of providing you the Services a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to: (i) use, access, store, copy, modify, re-post, rearrange, display, distribute, reproduce, perform and create derivative works from all of Your Content and likeness in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you; and (ii) access your account and Your Content and to process and submit Your Content to End Users.
By submitting and posting Your Content on the Services, you hereby represent and warrant to us that (a) you have all necessary authority, rights and permissions to submit Your Content and grant the licenses described in the previous paragraph; (b) Your Content is accurate, current and complete; (c) Your Content does not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights; and (d) submitting Your Content does not violate any applicable law, regulation or any agreements between you and a third party, or otherwise cause injury to any third party.
You are solely responsible for keeping your password confidential. You may not use the account, username, or password of another 360Events user, and you agree to notify 360Events immediately of any unauthorized use of your account, user name or password. We assume no responsibility for, and will not be liable for, any loss that you incur as a result of someone else using your password, either with or without your knowledge.
In addition to any other representations made by you in these Terms, you further represent and warrant that:
You agree to indemnify, defend and hold harmless 360Events, and its officers, directors, employees, agents, and contractors and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) Your Content, (b) your use of the Services, (c) your breach of these Terms, or (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
We intend that the information contained in our Services be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Services which may add, modify, and/or remove features from the Services. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update. THE SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICES IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF ATTENTIDY’S FEES PAID IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE ACTION OR EVENT FORMING THE BASIS FOR SUCH CLAIM. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU.
We are not responsible for any errors or delays or other technical problems beyond our reasonable control.
You are solely responsible for canceling your subscription to the Services. Cancellation requests must be submitted in writing to support@360Events.com. Cancellations by phone or sent to any other email address will not be considered valid. If you cancel a subscription, we will still provide access to your account as well as basic account functions during the subscription term. For example, if you purchase an annual subscription plan on March 1st and then cancelled the subscription on November 1st, you would still have access to the information for the App through February 28th. If you desire to cancel your entire account with us, please contact us at support@360Events.com.
We reserve the right, in our sole discretion, and without any prior notice, to terminate your access to the Services for any reason, including your breach of these Terms or a violation of the rights of another 360Events user or the law. You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to support@360Eventsgroup.com. You shall be responsible for ensuring delivery of the notice to us.
Our Services may be integrated with services provided by third parties as part of the functionality of the Services (including, without limitation, the Payment Processing Partners). Similarly, as part of the Services, we may offer links to web sites or applications operated by various third parties. You understand that we do not have control over third parties and that such third parties are not agents of 360Events. Our inclusion of a link to a third-party web site or application is for your convenience and reference only and does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, any third party’s products or services or the information provided by third parties, whether through the Services or otherwise. Accordingly, we are not responsible for your use of any third party product or service or any harm or losses arising from or relating to your use of any third party products or services. You should contact the third party with any questions about their products and services. 360Events hereby disclaims and you hereby discharge, waive and release 360Events and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THE WAIVER CONTAINED IN THIS SECTION SHALL BE SEVERABLE FROM THE REMAINDER OF THE AGREEMENT.
To the extent that your use of the Services are subject to data protection laws in the European Union and/or Switzerland with respect to processing of any personal data (as those terms are defined in such data protection laws), both you and 360Events agree that the Data Processing Addendum located here will apply to your use of the Services and is hereby incorporated by reference into these Terms.
Updated on January 1st 2020.