EVAREG Subscription-Based Event Tech Hub Event Services Agreement and Terms of Service

IMPORTANT, READ CAREFULLY: YOUR USE OF THE EVAREG LLC WEBSITES, EVAREG SAAS SOFTWARE SERVICES AND ASSOCIATED SOFTWARE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS AGREEMENT.

BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX ON THE SUBSCRIPTION CONFIRMATION PAGE AND/OR BY ACCESSING, BROWSING, OR USING THE EVA EVENT TECH HUB EVENT CONFERENCE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF SERVICE, ALL EXHIBITS, SUBSCRIPTION/ORDER FORMS, AND INCORPORATED POLICIES (COLLECTIVELY, THE “AGREEMENT” OR “TOS”) WHICH SHALL FORM A BINDING AND ENFORCEABLE CONTRACT BETWEEN YOU AND EVAREG.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT CLICK THE “I AGREE” BUTTON/BOX AND DO NOT ACCESS OR USE THE SOFTWARE OR SERVICES.

EvaReg LLC and/or one of its affiliates or parents or subsidiaries (the “Company” or “we” or “EVAREG”) provides the EVA EVENT TECH HUB  services and software to “you” (namely, the Client subscribing for the EVA event conference services), subject to the following terms and conditions, which we reserve the right to modify, from time to time, effective five (5) days after such modified terms and conditions are posted at the relevant link(s), such posting to constitute effective notice of change.  You may review the most current version of these TOS at any time through the following link: https://www.evareg.com/terms-of-service/

These TOS constitute a binding and legal agreement between you and the Company for your use of the EVA Event Services.  Further, in connection with the use of the Event Services, Software and/or Documentation, you may be required to download content, software, and/or be required to agree to supplemental terms and conditions.  These supplemental terms and conditions, if any, are hereby incorporated into these TOS.  You represent and warrant that you have all of the necessary right, power and authority to accept these TOS and enter into this agreement and to perform and otherwise discharge all of your obligations hereunder. In the event of any conflict between these TOS and the terms of the subscription order form, the terms of these TOS shall prevail.

1. USE OF EVENT SERVICES.  

2. Client Restrictions on Use of Event Services and Software.

You agree to use the Event Services, Software, and Documentation in compliance with all applicable laws and shall not: (i) permit any third party, including Authorized Users, to use the Event Services, Software, and Documentation except as permitted herein; (ii) modify, reverse engineer, disassemble, or decompile the Software, or cause or permit others to do so; (iii) use the Event Services, Software, or Documentation in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Event Services, Software, or Documentation; (iv) remove or modify any title, trademark, copyright and/or restricted rights notices or labels from the Event Services, Software, or Documentation; (v) create derivative works based on the Event Services, Software, or Documentation or otherwise violate EVAREG’s intellectual property rights; (vi) use Event Services or Software on a service bureau basis; or (vii) use the Event Services, Software, or Documentation in any manner inconsistent with these TOS.

3. Third-party software.

The Software and Event Services may contain third-party software and EVAREG reserves the right to modify the Software and Event Services to maintain compliance with the license terms of third party software. EVAREG utilizes various Open Source software under the GNU license for ASP services including moodle and drupal, a list of which will be provided upon request.  EVAREG is required to, and you agree that you will also, comply with the applicable terms of any third party license of which you have been notified by EVAREG or have access to publicly. EVAREG is not responsible in any way for claims or damages arising from your or your Authorized User’s use of such third-party software and makes no representation or warranty whatsoever concerning such third-party software.  In the event any modifications made by EVAREG to the Software or the Event Services to maintain compliance with the license terms of third party software result in a price increase, EVAREG will promptly notify you of such additional third-party license fees which shall be added to the invoice(s) for the Event Services.

4. Registration, passwords, and access.

You and your Authorized Users will be required to provide information in order to register for and/or use the Software and Event Services. You agree, and will ensure your Authorized Users agree, to (a) provide true, accurate, current and complete information about you and each Authorized User as prompted by the Software’s registration form, and (b) maintain and promptly update all such information to keep it true, accurate, current and complete. Authorized Users may receive a password and account designations upon completing the registration process. You and each Authorized User is responsible for maintaining the confidentiality of these account(s) and password(s) and are fully responsible for all activities that occur under such passwords or user identifications. You shall promptly notify EVAREG of any unauthorized use of any Authorized User’s username and password and any other breach of security.

5. Term and termination.

The initial subscription term of this Agreement shall commence on the date you accept the Order Form for Event Services and shall terminate one (1) year thereafter unless earlier terminated by EVAREG in accordance with this paragraph. The subscription shall automatically renew for successive one-year periods after the initial term unless you notify EVAREG in writing at least thirty (30) days prior to the expiration of the then-current current term of your desire not to renew your subscription. The period in which you have an active subscription is referred to as the “Term.” You may cancel your subscription at any time. If you cancel, you will not be billed for any additional subscription terms, and service will continue until the end of the current Term. If you cancel, you will not receive a refund for any service already paid for. EVAREG may terminate this Agreement and any Order Form (i) upon a breach by you of any of the terms of this Agreement, (ii) for your or your Authorized User’s gross negligence or more culpable conduct, fraud, or criminal acts or omissions in connection with the use of the Event Services, Software, or Documentation, (iii) if EVAREG is requested to do so by governmental or regulatory authorities or as required under applicable laws or regulations, or (iv) for any other reason, including for convenience, on thirty (30) days prior notice.

6. Proprietary rights and copyright.

You acknowledge and agree that the Software, Documentation, and Event Services and any necessary software used in connection therewith contain proprietary and confidential information of EVAREG and its third party suppliers and licensors that is protected by applicable intellectual property and other laws. Title to and ownership of the Software (including all source code), Event Services and Documentation and any modifications made thereto and all intellectual property rights therein shall at all times remain with EVAREG and/or its third-party suppliers or licensors. You shall not obtain any right, title or ownership interest in the Software, Event Services or Documentation except the limited right to use the Software, Event Services and Documentation as explicitly provided in the Agreement. The terms of this paragraph apply to all customized work or modifications to the Event Services, Software, or Documentation made by EVAREG at your request, all of which shall remain the exclusive property of EVAREG and shall not constitute work made for hire.

7. Customer Content and Data.

You are solely responsible for all Customer Content, as well as for the content of any communications by you or your Authorized Users, including any communications involving the use of the Event Services or the Software. By uploading or otherwise making available any Customer Content, you automatically grant and/or warrant that the owner has granted EVAREG, a perpetual, worldwide, royalty-free, non-exclusive, sublicensable, irrevocable right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the Customer Content through the Event Services, including use of Customer Content, courses, designs and customizations for promotional and/or marketing purposes. You also permit any other user with access to Client’s instance of the Event Services, subject to your restrictions, to access, view, store, and reproduce the Customer Content to the same extent permitted herein. You acknowledge and agree that EVAREG does not pre-screen Customer Content, but that EVAREG shall have the right (but not the obligation) in its sole discretion to refuse or move any Customer Content that is available through the Software and/or Event Services. Without limiting the foregoing, EVAREG has the right to remove any Customer Content or your access to the Software and/or Event Services that violates the terms of this Agreement or is otherwise objectionable as determined in EVAREG’s reasonable discretion. “Customer Content” means all items supplied by your or your Authorized Users for inclusion in, use in association with, or uploading to the Event Services or the Software, including all program, data, or other software files, regardless of format, documents, text, pictures, photographs, graphics, video, animation, and sound recordings.

8. Fees and payment terms.

The annual subscription fee and fees for attendee/registration blocks for the Event Services, Software, and Documentation are set forth in the Order Form. All fees required by the Order Form will be due in accordance with the provisions of the Order Form. All payments shall be made in U.S. dollars and remitted in accordance with the instructions in the applicable Order Form. Late payment of any fees due and payable to EVAREG shall give EVAREG the right to suspend access to the Software and Event Services and shall be treated as a breach of this Agreement for purposes of Section 5. Interest may be charged on any overdue amounts at the lower of: (a) the highest permissible rate under applicable law, or (b) 18% per annum, charged at 1.5% per month from the date on which such amount fell due until the date of payment, whether before or after judgment. The fees hereunder do not include any sales, use, excise, import or export, value-added or similar tax or interest, or any costs associated with the collection or withholding thereof, or any government permit fees, license fees or customs or similar fees levied on the delivery of any Software or the performance of the Event Services by EVAREG to the Client. Client is responsible for payment of all such applicable taxes and fees. By accepting the Order Form and these TOS you expressly authorize EVAREG to automatically charge your credit card or other method of payment used at the commencement of the subscription for each renewal term and for all attendee block payments. You may update your method of payment at any time by contacting EVAREG customer support. You agree that if EVAREG is unable to process a payment using the payment method on file, you must promptly provide an alternate payment method. EVAREG may take any other steps it deems necessary to collect such fees from you and that you will be responsible for any and all fees and costs incurred by EVAREG in connection with such collection activity, including collection fees, court costs, and attorney’s fees.

9. Privacy Policy.

Your use of the Event Services, Software, and Documentation, and the Customer Content is subject to EVAREG’s privacy policy, incorporated herein by reference, and is located here: https://www.evareg.com/privacy-policy/.

10. Confidentiality.

Each party will keep the other party’s  Confidential  Information confidential. Specifically, each party receiving Confidential Information agrees not to disclose such Confidential Information except to those directors, officers, managers, employees and agents of such party (i) whose duties justify their need to know such information and (ii) who have been clearly informed of their obligation to maintain the confidential, proprietary and/or trade secret status of such Confidential Information. Each party acknowledges that it has all requisite authority under applicable laws to provide the other party with access to Confidential Information. Each party receiving Confidential Information shall treat such information as strictly confidential, and shall use the same care to prevent disclosure of such information as such party uses with respect to its own confidential and proprietary information, provided that in any case it shall not use less than the care a reasonable person would use under similar circumstances. “Confidential Information” means any non-public information disclosed by either party to the other or related to the operations of either party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. “Confidential Information” shall also include non-public information about the Software, Documentation, and Event Services.

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

12. INFRINGEMENT; INDEMNIFICATION.

13. MISCELLANEOUS.

Please direct any questions or comments about the Software, Documentation, or Event Services to:

EvaReg LLC

Attention: Legal Team

Email:  info@evareg.com