TERMS

Terms of Service

Last updated: 1 April, 2017

These Terms of Service ("Terms", "Terms of Service") govern your use of the services, software and websites (the "Service") provided and operated by Eventival s. r. o. ("Eventival", "us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users, visitors, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you are using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.

Content

Our Service allows you to view, post, publish, link, store, share, manage and otherwise create and make available ideas, opinions, recommendations, as well as textual, literary, artistic, musical, graphic or other content, including but not limited to photos and videos ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. You retain ownership of your Content, but by uploading it onto the Service, you are granting us the right and license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content on and through the Service for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions that occur under your password. You agree not to disclose your password to any third party and understand that you should regularly change the password.. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.    

Security

Eventival uses industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.

Intellectual Property of Eventival

The Service and its original content (excluding Content provided by users) including without limitation all know-how, concepts, logic, structure, components, layout, design, source codes, specifications, instructions, features, functionality and other intellectual property rights (registered and unregistered) are and will remain the exclusive property of Eventival and are protected throughout the world by copyright, trademark and other intellectual property rights. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Eventival. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Eventival. Eventival has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Eventival shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

Indemnification

You agree to defend, indemnify and hold harmless Eventival and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

Termination

You are free to stop using our Service at any time. If you wish to terminate your account, you are required to notify us in writing of the date from which you no longer wish to use the Service. We reserve the right to suspend or terminate your account after a written warning notice if (i) you breach any of these Terms or our Privacy Policy, (ii) you create a reasonable suspicion that you are engaging in malicious behaviour such as attempting to hack our Service, (iii) you are causing ongoing harm to the Service (Denial of Service attacks), or (iv) for any other reason outside our control which means that we cannot provide you with the Service. Upon termination, your right to use the Service will immediately cease. The procedures concerning the return of your Content are set out in the Subscriber Agreement. 

Limitation Of Liability

To the maximum extent permitted by law, in no event shall Eventival, its directors, employees, partners, agents, suppliers or affiliates be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including without limitation damages for loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Eventival has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Eventival's aggregate liability for all claims related to the Service shall not exceed the greater of 100 Eur or the amounts paid by you to Eventival in connection with your use of the Service during the twelve (12) month period prior to the claim giving rise to such liability.

Disclaimer

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Eventival, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Eventival is not responsible for any third party content that you download or otherwise obtain through the use of the Service or for any damage or loss of data that may result. We do not warrant, endorse, guarantee or assume responsibility for any third party application or service that provides access to our Service (e.g. any third party application developed using Eventival's API).

The Service is controlled, operated and hosted from within the Czech Republic. Eventival makes no representation or warranty that the Service is appropriate or available for use in every country or jurisdiction. Those who access or use the Service from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable Czech and local laws and regulations, including but not limited to export and import regulations. 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Czech Republic, without regard to its conflict of law provisions.

Data Transfer

In connection with providing you the Service, Eventival may transfer, store and process your Content in any country in which Eventival or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content. You are obliged to request all the applicable consents of the data subjects as may be required under the relevant laws.

Entire Agreement; Severability; Waiver

These Terms constitute the entire agreement between you and Eventival concerning our Service, and supersede and replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service.If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full forceand effect and an enforceable term will be substituted reflecting as closely as possible our original intent. Eventival's failure to enforce any right or provision of these Terms shall not be deemed a waiver of its right to do so later.

Assignment

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

Notices

We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email or via our blog.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about Eventival Terms, please emails us at info@eventival.com