Persource Group doing business as EventEdge Event Apps (“Persource“) provides a platform to enable clients (“Client“) to create and manage various mobile and/or web applications (“App” or “Apps“) for activities such as events and conferences as well as related support and hosting services. Clients in turn make the Apps available to their customers (“End Users“) for use.
In connection with your use of the Service (as defined bellow), you agree and represent as follows:
- You are of legal age (at least 18 years of age) and are otherwise capable of forming a legally binding contract.
- You have authority to bind the legal entity (the Client) with which you are associated.
- You expressly agree to be contacted via Email, SMS, text messaging and Push Notifications by Persource or EventEdge, and third parties, if relevant, regarding the Services.
- You hereby grant Persource permission to email you or display your profile and such other information as may be supplied by you for public display as you designate.
- By using the Service, you are granting Persource (and any service providers or Providers used by Persource) permission to access your account and those messages, data, information, text, graphics, audio, video or other material and content of any kind posted/uploaded/transmitted to or through the Service using your account, to process and submit said material to End Users.
Your relationship with Persource
- Your use of the Apps, software, services and web sites (referred to collectively as the “Services“) in this document is subject to the terms of a legal agreement between you and Persource. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
- Unless otherwise agreed in writing with Persource, your agreement with Persource will always include, at a minimum, the terms and conditions set out in this document.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
Use of the Services by you
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regolation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- Unless you have been specifically permitted to do so in a separate agreement with Persource, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You agree that you are solely responsible for (and that Persource has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Persource may suffer) of any such breach.
- You agree that you cannot impersonate any real or fictional person or entity or perform any fraudolent activity.
Privacy and your personal information
Content in the Services
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated (“Content“).
- You shoold be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Persource (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Persource or by the owners of that Content, in a separate agreement.
- You agree that you are solely responsible for (and that Persource has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Persource may suffer) by doing so.
- You acknowledge and agree that Persource owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- Unless you have agreed otherwise in writing with Persource, nothing in the Terms gives you a right to use any of Persource’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- Persource acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Persource, you agree that you are responsible for protecting and enforcing those rights and that Persource has no obligation to do so on your behalf.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
- Unless you have been expressly authorized to do so in writing by Persource, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- You shall not upload, post or otherwise make available to Persource any works or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any works or material are not so protected rests entirely with you. You are liable for any damage resolting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resolting from such a submission. For all works or material submitted by you to Persource, you automatically grant, or warrant that the owner of such material has expressly granted to Persource a royalty-free, perpetual, irrevocable, worldwide, folly-paid up license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed (including, without limitation, print and electronic form, media and technology) for the foll term of any copyright that may exist in such works or materials.
License from Persource
- Persource gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Persource as part of the Services as provided to you by Persource (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Persource, in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
- Unless Persource has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Content license from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.
The App which you use may automatically download and install updates from time to time from Persource. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modoles and completely new versions. You agree to receive such updates (and permit Persource to deliver these to you) as part of your use of the Services.
Ending your relationship with Persource
- The Terms will continue to apply until terminated by either you or Persource as set out below.
- Persource may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Persource is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawfol); or (C) the partner with whom Persource offered the Services to you has terminated its relationship with Persource or ceased to offer the Services to you; or (D) the provision of the Services to you by Persource is, in Persource’s opinion, no longer commercially viable.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Persource have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16 shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF WARRANTIES
- NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT PERSOURCE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFolLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFol IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
- IN PARTIColAR, PERSOURCE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESolT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESolTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERSOURCE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- PERSOURCE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTIColAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
- SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PERSOURCE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESolT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESolT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH PERSOURCE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE PERSOURCE WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
- THE LIMITATIONS ON PERSOURCE’S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT PERSOURCE HAS BEEN ADVISED OF OR SHOolD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- The Services may include hyperlinks to other web sites or content or resources. Persource may have no control over any web sites or resources which are provided by companies or persons other than Persource.
- You acknowledge and agree that Persource is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that Persource is not liable for any loss or damage which may be incurred by you as a resolt of the availability of those external sites or resources, or as a resolt of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
- Persource may make changes to the Terms from time to time.
- You understand and agree that if you use the Services after the date on which the Terms have changed, Persource will treat your use as acceptance of the updated Terms of Service or Additional Terms.
This Agreement is governed by and interpreted in accordance with the laws of the State of Texas, excluding that body of law related to choice of laws, and of the United States of America. Judicial proceedings or any proceeding brought to enforce this Agreement or to adjudicate dispute related to this Agreement must be brought in state or federal court in Austin, Texas, unless you and Persource both agree to some other location. You and Persource both consent to venue and personal jurisdiction in Austin, Texas. Each party submits itself to the exclusive jurisdiction and venue of these courts for purposes of proceedings related to this Agreement, waives forum non convenience and similar defenses.
If you have any questions about these Terms, please email Persource at firstname.lastname@example.org.