EventBrains (a dba of BizDevGroup, Inc.) and its affiliated sites: eventstrategytool.com, TheMix.io, EventBrains.com (hereby referred to as EventBrains) offer automated data collection services for event producers, websites, events, webinars, membership portal and other services (collectively referred to as the “Services”).
We aim to provide users (“you”) with relevant and useful information and communities regarding technology products, companies and services.
If do not agree to be bound by these Terms, do not use the Services. EventBrains reserves the right to update these Terms at any time without notice to you, and to discontinue the availability of or change any Service at any time.
Nothing in these Terms grants a license or other right with respect to any EventBrains or third-party copyright, trademark or other intellectual property right, whether by implication, estoppel or otherwise. You should assume that everything you see or read or view in the Services is proprietary information protected by copyright, trademark or applicable law. Further, any such material may not be used — except in connection with use of the Services in conformance with these Terms, or with the prior written consent of EventBrains.
It is EventBrains’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.
For more information on how to submit a DMCA Notice to our designated agent contact privacy @ EventBrains.com.
EventBrains welcomes members submissions and feedback. If you submit content, comments, ideas, guest submissions or feedback to us, you agree that EventBrains can use them without any restriction or compensation to You. We do not waive rights to use similar or related ideas or feedback previously known to us, developed by EventBrains, or obtained from sources other than You.
With exception to materials provided to EventBrains pursuant to an agreement containing applicable confidentiality provisions, any comments, feedback, ideas, suggestions, data, questions, information, or materials submitted to EventBrains through the Services by any means (“User Materials”) are not confidential. By submitting User Materials, you grant EventBrains a worldwide, royalty-free, irrevocable, fully paid-up, transferable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, the User Materials, including, without limitation, to promote, market and provision the Services and to contact you regarding the Services.
You shall be solely responsible for your User Materials and the consequences of uploading, posting, submitting, transmitting or distributing them. You agree that you will not upload, post, submit, transmit, distribute or otherwise make available in the Services: (i) any falsehoods or misrepresentations that could damage EventBrains or any third party; or (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate.
You agree that in connection with your use of EventBrains’s Services you shall not:
- email or otherwise transmit any unsolicited or unauthorized communication,
- upload, transmit or otherwise make available any code or material that may harm or interfere with any device, software, network or service. This includes, but is not limited to, any viruses or propagating worms, Trojan horses or “spyware” programs, compromise or attempt to compromise the normal functioning or security of the Services,
- access or attempt to access any account or password of any user of the Services,
- falsify your identity in connection with use of the Services, or
- post illegal content, any kind of media that contain expressions of hate, abuse, pornography, or are deemed sexually explicit, including content that exploits or abuses children, or any other material that could give rise to any civil or criminal liability under applicable law or regulations.
- perform any load, penetration or vulnerability testing of the Services. Some areas of the Services may be password protected or restrict access to authorized users. No person other than authorized users may access any password protected or restricted areas of the Services.
EventBrains is not responsible for any unauthorized access or attempted access to any password protected or restricted area. Unauthorized users do so to at their own risk and may be subject to prosecution and/or civil action. EventBrains reserves the right, should it discover or reasonably suspect any violation of these Terms by you, to suspend or terminate your access to the Services without notice and/or take any other action that it deems necessary.
Ownership and EventBrains Copyright
Unless explicitly stated otherwise, the contents of the Websites are the exclusive property of EventBrains and / or their creators. Such material may not be copied, distributed, displayed, altered or modified, or reproduced or transmitted, in any form or by any means including, but not limited to, electronic, photocopy, or otherwise, without the prior written permission of EventBrains. The corporate and product names, slogans, logos and other content contained on the Websites are the registered or unregistered trademarks or service marks of EventBrains and / or their owners. When required, these materials are used on EventBrains website and platform with the permission of their owners. The use, copying, or alteration of any trademark without the express prior written consent of EventBrains or, where applicable, the registered owner’s express prior written consent is strictly prohibited.
Third Party Services
You agree to defend, indemnify, and hold EventBrains, its officers, employees, agents, licensees and suppliers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms and any other policy in connection with the Websites.
USE OF THE SERVICES IS AT YOUR OWN RISK.
THE SERVICES, AND ALL OF THE CONTENT AND MATERIALS CONTAINED THEREIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EventBrains MAKES NO REPRESENTATION OR WARRANTY AS TO: INTERRUPTED OR ERROR-FREE SERVICE, HARM TO ANY DEVICE, LOSS OF DATA, THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES OR THE INFORMATION IT CONTAINS. EventBrains EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SERVICES AND THE MATERIALS AND CONTENT CONTAINED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL EVENTBRAINS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOST PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF EventBrains ARISING OUT OR IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID EventBrains IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EVENTBRAINS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THIS AGREEMENT AND THE PARTIES ACKNOWLEDGE THAT EventBrains WOULD NOT GRANT ACCESS TO THE SERVICES WITHOUT YOUR ACCEPTANCE.
You agree to indemnify and hold EventBrains harmless from any and all claims, demands, losses, damages or expenses, including reasonable attorney fees, related to your use of the Services or any alleged or actual violation by you of these Terms.
You agree that your use of the Services, and any disputes relating thereto or to these Terms shall be governed in all respects by the laws of the State of California, without reference to its conflict of laws principles. You agree that any dispute relating to these Terms shall be resolved solely in the state or federal courts located in San Jose, California, United States.
No delay, failure to take any action, or to exercise any right that EventBrains may take or exercise pursuant to these Terms or applicable law, shall constitute a waiver of that action or right by EventBrains. If a provision of these Terms is held to be invalid, the remaining provisions will continue to be valid and enforceable.
We offer a special feature or service that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature or service control, to the extent there is a conflict with these Terms.
If you have any questions relating to these Terms, please contact the EventBrains Legal Department at privacy @ EventBrains.com or mail us at:
1249 Martin Ave
San Jose CA 95126