TERMS

Terms of Service

Last updated: July 8, 2021

These Terms of Service ("Terms", "Terms of Service") govern your use of the services, software, websites and applications (the "Service") created, provided and operated by Eventival s.r.o., with its registered office at Praha 3, Seifertova 1527/16, Post Code 13000, The Czech Republic, Company ID 28991214 ("Eventival", "us", "we", or "our"), unless expressly agreed otherwise in an additional written agreement made between you and Eventival. 

If you are using our Service on behalf of an organisation or entity (“Organisation”), then you are agreeing to these Terms on behalf of that Organisation and you represent and warrant that you have the authority to bind the Organisation to these Terms. In that case, “you” and “your” refers to the Organisation.

Please make sure you read these Terms and our Data Protection and Privacy Policy and agree with it's content, prior to using the Service, and in case of any queries please contact us at info@eventival.com.

1. The Service

The Service provided by Eventival comprise the use of and support of the following software solutions:

Eventival Account

Eventival Account (“Eventival Account”) is a single sign-on solution and a “user account” required for access, authentication and authorisation to the Service as well as certain other integrated third-party services and applications created and operated by entities, based on an agreement with Eventival.

Eventival Account is an individual account created for you as a person and connected with an individual e-mail address provided by you.

When you create an Eventival Account with us to access the Service, you must provide us at all time with information that is accurate, complete, and current. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and deletion of your Content.

The use of the Eventival Account is defined by these Terms of Service and Data Protection and Privacy Policy, and, when accessing any integrated third-party services and applications, also by their terms and conditions, as may be applicable.

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 or if you have a reasonably founded suspicion of such breach. Such notification shall be made by e-mail and sent to the following e-mail address: info@eventival.com.

Eventival Back Office

Eventival Back Office (“Eventival Back Office”) is a web-based software application, accessible with a valid Eventival Account, that serves to facilitate data administration, optimise the division of labour, streamline project and event management logistics. It allows its users to view, post, publish, link, store, share, archive, manage and otherwise create and make available data, ideas, opinions, recommendations, as well as textual, literary, artistic, musical, graphic or other content, including but not limited to photos and videos ("Content"), namely, but not exclusively, related to processing audio-visual data and organising festivals, conferences and other events.

The use of Eventival Back Office and its related support services is defined by these Terms of Service, the Data Protection and Privacy Policy as well as the Eventival Back Office Subscriber Agreement.

Eventival Submission Platform

The Eventival Submission Platform (“Eventival Submission Platform”) is a web-based application accessible partly publicly and partly through use of an Eventival Account. The purpose of Eventival Submission Platform is to connect Festivals that wish to obtain submissions from Filmmakers, and Filmmakers who wish to search for Festivals with open submissions and who wish to present and submit their Film through a single platform.

Use of the Eventival Submission Platform is defined by these Terms of Service, the Data Protection and Privacy Policy as well as the Eventival Submission Platform Subscriber Agreement.

2. “AS IS” Nature of the Service

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. 

While Eventival strives to continuously improve the Service, Eventival does 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 are free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

3. Content

You are solely responsible for any Content, including in particular any images, photos, videos, sounds, data, texts, ideas, opinions, recommendations, as well as literary, artistic, musical, graphic or other content that you or your authorised users upload to the Service, including its legality, correctness, reliability, and appropriateness.

You agree that you will not use the Service to process any sensitive personal data (within the meaning of the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC “General Data Protection Regulation”). For more details, please refer to our Data Protection and Privacy Policy which is an integral part of these Terms.

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 are obliged to ensure that: (i) you are the legal owner of the Content, 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.

Eventival may not review your Content and is not responsible for it in any manner. In the event that Eventival would be found liable in any manner in connection with your Content, you agree to fully indemnify Eventival for any damage and costs it may incur, as set out in these Terms.

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, including loss of data that may result.

4. License

License to use the Service:

Eventival hereby grants you a limited, non-exclusive and non-transferable right to access and use the Service as set out in your Eventival Back Office Subscriber Agreement and/or Eventival Submission Platform Subscriber Agreement.

License to use the Content:

You hereby grant to Eventival a limited, non-exclusive and non-transferable (except in connection with the sale or transfer of Eventival’s business or a part of it) 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 the Service; and (ii) analysing and improving the operation of the Service.

For the avoidance of any doubt, based on this license, Eventival has the right to store data uploaded by all the users of the Service for the purpose of further improving the Service, its security as well as for related marketing purposes. Eventival may also create and share aggregate, anonymised data about the use of its Service.

Except as expressly set forth herein, this license does not (i) grant Eventival any rights or interest in or to the Content or any of your Intellectual Property; or (ii) grant you any rights or interest in any of the Intellectual Property of Eventival.

5. Intellectual Property of Eventival

The Service and all their original content (excluding Content uploaded to the Service by Eventival’s customers and end 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, logos or name may not be used in connection with any product or service without the prior written consent of Eventival.

Your feedback regarding the Service is welcome. However, any feedback, comments or suggestions you may provide are entirely voluntary, and Eventival is free to use them as it sees fit and incorporate it into the Service without any obligation to you. Any such modifications to the Service shall be the sole and exclusive property of Eventival.

In any use of the Service vis-à-vis third parties, you must include the following attribution to Eventival on all your user interfaces in the following format: “Powered by Eventival,” which must in every case include a hyperlink to http://www.eventival.com.

6. Security

Eventival uses industry standard technical and organisational security measures in connection with the storage, processing and transfer of your Content. These measures are designed to protect the integrity of that Content and to guard against unauthorised or unlawful access to, use of, or processing of such Content. However, Eventival cannot guarantee that even such rigorous security measures may not be breached by illegal actions of a third party.

Eventival will make all reasonable efforts, consistent with standard industry practices, to ensure that its software applications do not contain any viruses, backdoors, Trojans, or other computer code that is designed to disrupt, disable or harm the operation of its Service.

In the event that you become aware of any security breach or have a reasonably founded suspicion of such breach, you are obliged to notify us without delay. Such notification shall be made by e-mail and sent to the following e-mail address: info@eventival.com.

7. Confidentiality

In connection with the use of the Service, each party may make available to the other party information that is not generally known to the public and at time of disclosure is either identified as such, or should reasonably be understood by the receiving party to be, proprietary or confidential (the “Confidential Information”).

Confidential Information may include, but shall not be limited to: business plans, strategies, forecasts, projects and analyses; financial information and fee structures; business processes, methods and models; employee, customer and supplier information; sales and marketing information. Confidential Information may also include the Content uploaded by you onto the Service.

Except as otherwise expressly permitted with the express prior written consent of the disclosing party, or as required by law, the receiving party will not disclose, transmit or otherwise disseminate to a third party any Confidential Information of the disclosing party. The receiving party will use the same care and discretion with respect to the Confidential Information received from the disclosing party as it uses with its own similar information, but in no event less than a reasonable degree of care.

Eventival may disclose your Confidential Information to its employees, consultants, agents or advisors who have a reasonable need to know such Confidential Information for the purpose of providing the Service and only to those who are obligated to maintain the confidentiality of such Confidential Information.

You may disclose Eventival’s Confidential Information to your employees, consultants, agents or advisors who have a reasonable need to know such Confidential Information and are obligated to maintain the confidentiality of such Confidential Information.

The obligations set out above do not apply to any Confidential Information that the receiving party can demonstrate: (i) the receiving party possessed, without any obligation of confidentiality, prior to disclosure by the disclosing party; (ii) is or becomes publicly available without breach of this Agreement by the receiving party; (iii) is or was independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (iv) is or was received by the receiving party from a third party that does not have an obligation of confidentiality to the disclosing party or its affiliates.

Either party may disclose the terms of this Agreement to potential parties to an acquisition or similar transaction to facilitate due diligence and closing of the transaction, provided that potential party is subject to written non-disclosure obligations and limitations on use only for the prospected transaction. The receiving party may disclose Confidential Information of the disclosing party if legally required to do so in connection with any legal or regulatory proceeding, provided, however, that in such event the receiving party will, if lawfully permitted to do so, notify the disclosing party within a reasonable time prior to disclosure so as to allow the disclosing party an opportunity to seek appropriate protective measures.

8. Third-Party Services and Links to Other Websites

Eventival Applications may contain links to third-party websites, services or applications that utilise the Eventival API but 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 websites, services or applications. It does not warrant and support them and will not be responsible for any act or omission on the part of such a third party or its service.

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 websites or services. When accessing any third-party services and applications, including those accessible via the Eventival Account, your rights and obligations regarding such services and applications will be governed by their terms and conditions, as may be applicable. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. 

9. Modifications to the Service and Terms 

Given the nature of the Service, you acknowledge that Eventival may modify the Service and/or these Terms from time to time. Such modifications will be communicated through Eventival websites.

Eventival explicitly reserves the right to modify the Service in the future and change their features permanently and to release new products, tools and services. Such changes will also be subject to these Terms.

If a modification is material, Eventival will aim to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Eventival’s sole discretion.

Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification Eventival makes to the Service or these Terms, you may terminate your use of the Service, however you will not have any other rights against Eventival in connection with such modification.

You may not modify the Service in any manner except based on the available customer settings.

10. Limitation Of Liability and Indemnification

You agree to defend, indemnify and hold harmless Eventival (including its  licensees and licensors, and their respective employees, contractors, agents, officers and directors - “Eventival Affiliates”) 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 or in connection with any claim by a third party against Eventival or the Eventival Affiliates regarding:(i) your use of and access to the Service, or (ii) any Content uploaded to the Service through your Eventival Account, including any such use of the Service by a third party acting on your behalf or using your Eventival Account with or without your knowledge or consent.

To the maximum extent permitted by law, in no event shall Eventival, or Eventival Affiliates, be liable for any damage, 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) unauthorised access, use or alteration of your transmissions or Content, regardless of the legal title of such potential liability and whether or not Eventival has been informed of the possibility of such damage.

Under no circumstances will Eventival be liable for any damage or loss resulting from hacking, tampering or other unauthorised access or use of the Service or of your Eventival Account or Content by any third party.

Eventival will not be liable for any inadequate performance of the Service if this was caused by a condition that is beyond its reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labour conditions, governmental actions and interruption or failure of the Internet or any utility service.

In any event, Eventival's aggregate liability for any and all claims related to the Service shall not exceed the greater of (i) 100 EUR or (ii) the total amount 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.

These limitations of liability shall apply regardless of whether a party knew or should have known that such damages were possible.

In any event, the party seeking any indemnification will: (i) provide prompt notice concerning the existence of an indemnifiable claim, including providing details of such claim, (ii) co-operate fully with the other party in defending against any such claim. Upon Eventival’s request, you agree to allow Eventival to have full control and authority over defence of any claim brought by a third party regarding the Service and to not enter into any settlement agreement regarding such claim without a prior written consent of Eventival.

11. Location of Service; Export Restrictions

The Service is controlled and operated from the Czech Republic and hosted within the European Union.

Eventival makes no representation or warranty that the Service is appropriate or available for use in other locations outside the European Union. If you access or use the Service from other jurisdictions, you do so at your own volition and risk, and are solely responsible for compliance with all applicable Czech, EU and local laws and regulations, including but not limited to data protection and privacy laws and export and import regulations.

You agree that Eventival may transfer, store and process your Content in any European Union country. By using the Service, you consent to this transfer, processing and storage of your Content.

12. Data Protection and Privacy

Eventival complies with all the applicable legal regulations regarding Data Protection and Privacy, in particular with the General Data Protection Regulation, and it has appointed a data protection manager who may be contacted at data@eventival.com.

Eventival has a detailed Data Protection and Privacy Policy, applicable to all personal data processing by Eventival, which is an integral part of these Terms. Please refer to this Data Protection and Privacy Policy (available at www.eventival.com) for further details.

13. Entire Agreement; Severability; Waiver

These Terms together with the Data Protection and Privacy Policy and (if applicable) the Eventival Back Office Subscriber Agreement and/or the Eventival Submission Platform Subscriber Agreement 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, except where a specific written agreement is concluded between you and Eventival regarding the Service. In such cases these Terms shall apply to the extent the individual agreement does not deviate from them.

If any provision of these Terms is held to be invalid or unenforceable by a court or arbitrators, the remaining provisions of these Terms will remain in full force and effect and an unenforceable term will be substituted reflecting as closely as possible the original meaning and intent of the substituted provision.

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.

14. Assignment

These Terms and any rights and obligations hereunder and/or under the Eventival Back Office Subscriber Agreement and/or the Eventival Submission Platform Subscriber Agreement may not be transferred or assigned by you to any third party without our prior written consent, except to an affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of your business or of all or substantially all of your assets. In such a case, you agree to notify us in advance and in writing of any such intended assignment.

You must not in particular, without an express prior written consent of Eventival, allow any use of the Service by third persons, regardless whether in exchange for a fee or free of charge, or allow any third person to copy the Service or any part of it.

Eventival may assign or transfer its rights and obligations as permitted by law, unless expressly excluded by a specific written agreement with you.

15. Termination

You are free to stop using your Eventival Account at any time. If you wish to delete your Eventival Account, you are required to notify us of the date from which you no longer wish to use it. Such notification shall be made by e-mail and sent to the following e-mail address: help@eventival.com.

Deleting Eventival Account does not affect any data you have provided to other Eventival customers, end-users or third parties. If you wish to delete such data, you have to contact these third parties directly.

Eventival reserves the right to suspend or terminate your Eventival Account by a written notice (including an e-mail notice) if (i) you breach any of these Terms or our Data Protection and Privacy Policy, the Eventival Back Office Subscriber Agreement or the Eventival Submission Platform Subscriber Agreement (if applicable), (ii) we have a reasonable suspicion that you are engaging in malicious behaviour such as attempting to hack our Service, (iii) you are causing harm to the Service or their other users, or (iv) for any other reason outside our control which means that we cannot provide you with the Service (force majeure). Upon termination, your right to use the Service will immediately cease.

If you wish to stop using the other Services provided by Eventival, please refer to the Eventival Back Office Subscriber Agreement or the Eventival Submission Platform Subscriber Agreement, respectively.

In the event of termination the following provisions of these Terms shall survive: Intellectual Property, Confidentiality, Limitation of Liability and Indemnification, Governing Law, Dispute resolution, Entire Agreement, Severability, Waiver and Assignment. 

16. Notices

Any notices which shall be made in writing may be made also by e-mail. If such notice is addressed to Eventival, it shall be sent to info@eventival.com.

Eventival may provide you with legal notices and notices related to your account, including information about updates or changes of the Service, via e-mail using the e-mail address associated with your account.

Eventival may provide you with other marketing or business-related information in accordance with our Data Protection and Privacy Policy. You may opt-out of receiving Marketing Messages at any time by following the instructions provided in the Marketing Message or by simply e-mailing us at data@eventival.com.

17. Governing Law

These Terms and your contractual relationship with Eventival shall be governed and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions, in particular by the Act no. 89/2012 Coll, the Civil Code and its Sections 1751 et seq.

18. Dispute resolution

All disputes the aggregate value of which is below or equal to EUR 10,000 arising in connection with the Service shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic, by one arbitrator appointed by the President of the Arbitration Court.

All disputes the aggregate value of which is above EUR 10,000 arising in connection with the Service shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic, by three arbitrators in accordance with the Rules of that Arbitration Court.

In the event of doubt, the value of the dispute is deemed to be above EUR 10,000.

19. Contact Us

If you have any questions about Eventival and/or these Terms, please email us at info@eventival.com.