EventBuilder Terms and Conditions
The following are the terms and conditions for access to our websites (including EventMaxOnline.com, EventStreamOnline.com, EventStudio and EventBuilder.com), participation in an Event and use of all other Services (including EventMax, EventStream, EventStudio and EventBuilder), provided by Encounter Collaborative Corporation (doing business, and often referred to, as "EventBuilder"), except as follows: (a) some customers may have entered into a written service agreement with EventBuilder with different or additional terms that will apply to their use of Services; and (b) some Services used under these Terms and Conditions may have additional terms that apply to those Services. Your use of the Services or access of our website constitute your agreement to the terms and conditions that apply to you.
- Definitions. "Customer" means a person or entity that has a contractual relationship with EventBuilder for the provision of Services. An "Event" consists of an audio or web conference, EventCast or other similar event held or hosted on any EventBuilder website or EventBuilder sponsored website, and can be either live or can be archived for viewing or downloading at a later time (and may be a live Event that was recorded for later viewing or downloading). The "EventCast" Service is a live and archived audio and video sharing service made available to Customers and certain sponsoring entities to enable the simultaneous or delayed viewing of entertainment, sporting, educational, and other events. "Users" are any persons or entities using the Service or accessing the EventBuilder website, including Hosts and Participants. A "Host" is the person or entity who is sponsoring an Event and "Participants" are the persons or entities who are attending a live Event or who view or have downloaded an archived Event. "Event Materials" consist of any file that is posted by the Host for the use of a Participant and are considered part of the Event. "Services" means audio or web conferencing, EventCast or other services to be provided to a Customer.
- Use of Service.
- 2.1. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement.
- 2.2. EventBuilder is not responsible for the content used in any Event. We have the right to monitor content for violation of our use of service restrictions and interrupt or restrict Service, without notice to you, if we suspect unlawful or abusive activity.
- 2.3. You agree not to use the Service for any unlawful or abusive purpose or in any way which interferes with our ability to provide Service to our customers, or damages our property, or violates our Prohibited Events policies. This may include transfers of abnormally large files or streaming media presentations. You agree not to use the Service for any unlawful activities or in violation of any third party rights. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us or other users of the Service as to your identity.
- 2.4. You may not use the Service to post false, inaccurate, misleading, defamatory, or libelous content (including personal information); distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm EventBuilder, or the interests or property of Users; copy, modify, or distribute content from EventBuilder's website and EventBuilder's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
- 2.5. Resale of the Service, or any part thereof, is prohibited without prior contractual arrangements with us and any required regulatory approvals. As set forth below, you have no ownership rights to any assigned conference access telephone number ("Number"); we may change your Number by giving you notice.
- 2.6. You are responsible for maintaining the confidentiality of your account number and password and for restricting access to your account number and password. You agree to accept responsibility and liability for all activities that occur under your account or password whether lawful or unlawful and whether or not actually or expressly authorized by you.
- 2.7. If your Service is fraudulently used, you must immediately notify us. We have the right to interrupt or restrict Service, without notice to you, if we suspect fraudulent, abusive or unlawful activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. You also agree that we may report any activity that we suspect is unlawful to appropriate government authorities and to cooperate with any investigation conducted by any government authority.
- 2.8. Upon termination of the Service, your right to use the Service immediately ceases.
- Prohibited Events. Events may not contain the following:
- 3.1. Gambling and Games of Chance. EventBuilder does not permit Events that constitute gambling or any game of chance, or which promote giveaways, random drawings, raffles, or prizes, because gambling, games of chance, and the types of promotions described above are highly regulated and may be unlawful in many states. EventBuilder itself may run promotions on the site, and may grant authorization to its partners or third party companies to run promotions that comply with applicable laws.
- 3.2. Encouraging Illegal Activity. EventBuilder prohibits Events that encourage, promote, facilitate or instruct others to engage in illegal activity. EventBuilder urges its customers and users to comply with all governmental laws and regulations. Since encouraging illegal activity may be prohibited by law, customers may not use EventBuilder to encourage others to engage in illegal activity.
- 3.3. Adult Subjects; Nudity. Events which are adult in nature or depict any nudity or sexual acts may not be conducted using the Service. In determining whether the content of an Event is adult in nature, EventBuilder will refer to established guidelines applicable to mainstream media (movies, music, video games, books, magazines) such as the MPAA, IMDb and ESRB. For example, Events which would carry an X rating if a movie or an Adult Only (AO) rating if a video game are not permitted.
- 3.4. Promoting Hatred, Violence, Racial or Religious Intolerance. EventBuilder exercises judgment in allowing or disallowing certain Events consistent with the spirit of a worldwide community. Therefore, EventBuilder will judiciously disallow Events that promote or glorify hatred, violence, racial or religious intolerance, or items that promote organizations (such as the KKK, Nazis, neo-Nazis and Aryan Nation) with such views. Further, EventBuilder will disallow any Event and suspend the customers involved where it appears that a person convicted of a violent felony is attempting to use EventBuilder (directly or through another person) to benefit financially from his or her criminal notoriety.
- Deletion of Archived Material. Under EventBuilder's standard plan, certain Events can be stored for posting and/or sale for ninety (90) days, at which time they will be permanently deleted. Customers can extend the storage period for Events pursuant to the terms of EventBuilder's then existing service plans. Customer understands that Events may be stored in archive in a format that is different from the format of the Event as originally posted.
- Personal Identity Information. The Service is intended to be a tool for hosting Events and does not contain embedded security or encryption functionality. The Service should not be used for the collection or dissemination of Personal Identity Information ("PII").
- Event Sales Service. Using the optional Event Sales Service, Customer can charge for a live Event, for Event Materials, or post an Event for viewing or downloading by the general public for a fee. EventBuilder completes order fulfillment and acts as a payment processing service in connection with such purchases.
- 6.1. Order Processing; Personal Use License. In processing an order from one of your Participants, EventBuilder will allow up to three (3) views or downloads of a particular Event to allow for potential issues encountered during the streaming or downloading process. EventBuilder is not responsible for the use of any downloaded material by the Participant.
- 6.2. Payments. EventBuilder does not control the relationship between you and your Participant so cannot guarantee that they will not request a refund of their payment to you. By receiving payments through the Service, you appoint EventBuilder as your agent to cause the funds to be deposited on your behalf in the EventBuilder central account until disbursement of funds to you per the terms set forth on the EventBuilder pricing schedule. You acknowledge that EventBuilder is not a bank and the Event Sales Service provided is a payment processing service rather than a banking service and as such you agree that you will not receive interest or other earnings on the funds that EventBuilder handles as your agent. EventBuilder may also not receive interest on those funds, but may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.
- 6.3. EventBuilder's Interaction with Participants. EventBuilder will on occasion contact individuals that make payments using the EventBuilder online payment processing service, to verify and confirm the authenticity of any transaction that we have reason to believe may be fraudulent or is related to unusual activity; as well as during chargeback resolution discussions. You authorize EventBuilder to contact your Participants in these instances.
- 6.4. Credits and Refunds. Occasionally a Participant may request a credit or refund from us for an Event or event document provided by you through the Service. All such requests will be referred to you for resolution.
- 6.5. Chargebacks. Chargebacks occur when your Participant disputes a payment to you and requests a refund from their credit card provider. EventBuilder assesses a chargeback fee to recover the cost of chargebacks as set forth in its pricing schedule. You authorize EventBuilder to recover chargeback fees from your account if necessary. Chargebacks are different from credit requests that occur when a Participant asks you for a refund or credit which you are responsible for directly.
- 6.6. Closing Your Event Sales Account. You may close your Event Sales Service account at any time by calling EventBuilder at (800) 290-5900 or submitting an Event Sales Service Account Closure Request via e-mail. Upon closure of an account, any funds that are held at the time of closure, less any applicable fees will be paid to you per the pricing schedule. If at the time of closure there are funds in your account in dispute due to a chargeback request(s) or that we deem likely to incur a chargeback request(s), those funds will be withheld from disbursement until the dispute(s) is resolved. Closed accounts can only be reopened by payment of a new signup fee.
- Live Meeting 2007 VoIP. Customer acknowledges and agrees that the 2007 version of Live Meeting is being delivered with VoIP functionality that is intended to be used in the following countries: Argentina, Australia, Brazil, Canada, Chile, Colombia, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Greece, Guatemala, Hong Kong, Iceland, India, Indonesia, Ireland, Israel, Italy, Japan, Kuwait, Latvia, Luxembourg, Malaysia, Netherlands, New Zealand, Norway, Oman, Peru, Puerto Rico, Russia, Singapore, Slovakia, South Africa, Sri Lanka, Sweden, Taiwan, Turkey, Ukraine, United Kingdom, United States, Venezuela. Customer agrees that they will not use this functionality outside the intended countries. The term "VoIP functionality" shall mean any of the functionality that is activated when either or both of the following 2 features in the "audio/video policies" section of Live Meeting 2007 is activated: "Enable computer audio conferencing from this conference center" or "Enable one-way internet broadcast audio from this conference center."
- Surveys. EventBuilder may from time to time contact Customers, Hosts or Participants to ask questions about its Services and to solicit feedback, during which contacts EventBuilder may ask the Customer, Host or Participant for their permission to contact them in the future for the purpose of marketing its products or services. By using the Service, Customers, Hosts and Participants each consent to these contacts.
- Term. The term of an agreement to provide Service begins on the date we activate Service for you. IF YOU SELECT A SERVICE PLAN WHICH REQUIRES A FIXED TERM OF MORE THAN ONE MONTH (SUCH AS A ONE-YEAR PLAN), YOU AGREE TO PURCHASE SERVICE ON THAT PLAN FOR THE FULL TERM. After the term expires, this Agreement will automatically renew (a) on an annual basis for all Live Meeting or WebEx licenses and (b) on a month to month basis for all other Services, in either case until terminated by written notice given by either party at least 30 days prior to a renewal date.
- Billing and Payment.
- 10.1. You are responsible for paying all charges to your account for Services ordered, including but not limited to, telephone, conferencing, consulting, event creation and publishing, and for all taxes and surcharges imposed on you or us as a result of your use of the Service. We will send you monthly or bi-monthly invoices for the Service. Payment of all charges is due fourteen (14) days from the date of the invoice. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations.
- 10.2. If you have authorized payment by credit card, no additional notice or consent will be required for billings to that credit card or account. You will advise us of any changes to your credit card account, such as account number or expiration date changes.
- 10.3. Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of our rights to collect the full amount due under this Agreement. We may assess an additional fee of fifty dollars ($50) for any check returned for nonpayment.
- 10.4. Notice of any disputes must be in writing and received by us at our address within thirty days after the invoice date or you will waive any objection.
- 10.5. EventBuilder reserves the right to assess no-show fees on all unused reserved audio conference lines.
- Enterprise-Wide Terms and Pricing. If Customer is eligible for and chooses Enterprise-Wide Terms and Pricing (signified by initialing or signing in the space provided on the New Account Set Up Form), then Customer agrees that EventBuilder may offer the Services to all of its employees under the terms and pricing set forth in the New Account Set Up Form.
- Default/Termination. If you fail to pay any amount owed to us within 5 days after the due date, or if you have in the past failed to pay amounts due us or an affiliate of ours, or if you breach any representation to us or fail to perform any of the promises you have made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, in our sole discretion and with or without prior notice, suspend or restrict Service and/or terminate this Agreement, in addition to all other remedies available to us. We may require reactivation charges to renew Service after termination or suspension. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement, including any applicable cancellation fee. You agree to pay all costs including attorneys' fees, collection costs and court costs we incur in enforcing this Agreement through any appeal.
- Deposits/Credit Reports. You represent and warrant that all information you have provided to us in connection with your registration for Service is true, accurate, current and complete. You authorize us to ask consumer reporting agencies or trade references to furnish us with employment and credit information, and you consent to our rechecking and reporting personal and/or business payment and credit history. We may require a deposit, or increase an existing deposit, to establish or maintain Service which will be held as a partial guarantee of payment and cannot be used by you to pay your bill or delay payment. Unless otherwise required by law, deposits may be mixed with other funds and will not earn interest. If you default or this Agreement is terminated, we may, without notice to you, apply any deposit towards payment of charges due.
- Ownership. The Services, our proprietary technology, and any updates or improvements to the Services and our proprietary technology, are owned by EventBuilder and its licensors. EventBuilder and our licensors own all copyrights, patents, trademarks, trade secrets, and other intellectual property rights relating to or residing in our Services. In particular, "EventBuilder.com", "EventBuilder", "Encounter Collaborative", and our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of EventBuilder. EventBuilder's trademarks and trade dress may not be used in connection with any product or service that is not provided or authorized in writing by EventBuilder, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EventBuilder. All other trademarks not owned by EventBuilder that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EventBuilder. You understand that our Services and proprietary technology contain valuable software and confidential information and you agree that you will not modify, reverse engineer, decompile, create other works from, or disassemble any of our software without our prior written consent. All rights that are not granted to you are reserved by EventBuilder.
- Modification; Assignment. We may change or modify this Agreement from time to time. Unless we otherwise agree in writing, we may adjust our fees at any time, but we will attempt to provide you with some advanced notice of any fee increase; provided that international rates can change without notice. You can review the most current version of this Agreement at any time at www.eventbuilder.com. If you do not agree to a significant change, you may terminate this Agreement by giving us written notice within 15 days of receipt of (a) our notice to you or (b) your discovery of such significant change, and you will not be charged an early cancellation fee. No amendment will be valid unless we accept the changes in writing. We may assign all or part of our rights or duties under this Agreement without notice to you to (a) an affiliate or (b) a third party in connection with a sale of all or substantially all the assets of EventBuilder. You may not assign this Agreement without our prior written consent.
- NO WARRANTIES. THE SERVICES ARE PROVIDED "AS IS." EVENTBUILDER MAKES NO WARRANTIES REGARDING THE SERVICE WHATSOEVER AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EVENTBUILDER DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND CUSTOMER SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third persons with respect to the Services (including without limitation by dealers or resellers of the Services) beyond those made by EventBuilder, your sole remedy for such reliance is against the third person making such representation or warranty.
- LIMITATION OF LIABILITY. EVENTBUILDER ASSUMES NO LIABILITY FOR SERVICE OUTAGES OR FOR FAILURE TO STORE, DELIVER OR TIMELY DELIVER ANY INFORMATION, MESSAGES OR CONTENT, NOR SHALL EVENTBUILDER BE LIABLE IF NONPERFORMANCE OR FAILURE OF THE SERVICE IS CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION, TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, ACTS OF GOD, OR OTHER CAUSES. IN NO EVENT SHALL EVENTBUILDER'S LIABILITY TO CUSTOMER FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY. EVENTBUILDER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECULATIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS, EVEN IF EVENTBUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILTY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, RELIANCE ON THE SERVICE, INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE. EVENTBUILDER SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EVENTBUILDER COMMUNICATIONS CORPORATION AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM (A) YOUR USE OF THE SERVICE, (B) ANY OTHER PERSON'S USE OF ANY ACCOUNT OR PIN YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF EVENTBUILDER OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
- EMERGENCIES. IN THE EVENT OF AN EMERGENCY WHILE USING YOUR CONFERENCING SERVICE, PLEASE HANG UP AND DIAL "911." DO NOT ATTEMPT TO USE THE SERVICE'S OUTDIAL CAPABILITY TO ACCESS "911" BECAUSE LOCATION INFORMATION WILL NOT BE PROVIDED TO EMERGENCY SERVICES PERSONNEL
- Force Majeure. Either party shall be excused from any delay or failure in performance hereunder, other than the payment of moneys, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war or government requirements.
- Notices. Notices to you shall be effective when sent by email to the email address provided to us or, at our option, 3 days following the date deposited in the US Mail addressed to your address as kept in our files. You are responsible for notifying us of any changes in your email and mailing addresses. Written notice to us shall be effective when directed to our Customer Care Department and received at our address. Your notice must specify your name, email address, telephone contact and Account Number. Oral notices shall be deemed effective on the date reflected in our records.
- General Information. THE LAWS OF THE STATE OF OREGON, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE SERVICES, AND YOU EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE EVENTBUILDER SERVICES RESIDES IN THE STATE AND FEDERAL COURTS OF THE STATE OF OREGON, U.S.A. AND YOU CONSENT TO PERSONAL JURISDICTION IN SUCH COURTS WITH RESPECT TO ALL SUCH CLAIMS OR DISPUTES. In the event that any action is filed to interpret or enforce this Agreement, the most prevailing party shall be entitled to recover its costs, including expert witness fees and reasonable attorneys' fees, at trial and through appeal. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect. Each party will keep the specific terms of any New Account Set Up Form (including any attached schedules) confidential and not disclose them to any third party (other than to its attorneys and accountants) without the other party's prior written consent, except as required by law; provided that EventBuilder may list you as a customer with your logo on its websites and, with prior approval, as a reference in proposals sent to potential customers. This Agreement: (i) constitutes the entire agreement between EventBuilder and you with respect to your use of EventBuilder services and/or your EventBuilder account; (ii) supercedes all prior or contemporaneous communications and proposals, whether oral or written, between EventBuilder and you with respect thereto; (iii) with respect to your use of EventBuilder services, supercedes the terms of any other party's terms and conditions; and (iv) can only be modified or amended by EventBuilder as set forth in Section 15. The failure of EventBuilder to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
EventBuilder's Corporate Headquarters
1300 SW Fifth Ave, Suite 900
Portland, OR 97201
Toll free: 800.290.5900