Decentralized World Summit

Decentralized World Summit 'Additional Terms of Service'

Terms of Services *Updated March 20th 2023 This page contains our full User Agreement. This Agreement sets forth the terms and conditions for your use of all webpages Decentralized World Summit on behalf of Gaber Co LLC (DWS) name and domain, (collectively, the “Site). Your use of the Site constitutes your agreement to these terms and conditions. This Agreement (the “Agreement”) is between you and Decentralized World Summit on behalf of Gaber Co LLC (DWS). DWS is the sole operator of The Annual DWS Summit 2022 and onward. 1. Your Rights. DWS grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. (a) As part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Site, and agree that DWS will have no obligations with regard thereto. (b) You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. 1. Fee-Based Service Charges. By purchasing a conference ticket or any other ticket provided on this site and DWS, you agree to abide by this agreement. The following terms also applies to your ticket or sponsorship purchases. Furthermore there are certain features of the Site are available only through the purchase of Premium membership(s) (“Fee-Based Services”). (a) You agree to pay, using a valid credit card that DWS, Inc. accepts, the monthly or annual membership charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access any Fee-Based Services. DWS, Inc. reserves the right to increase fees, surcharges, and paid membership fees, or to institute new fees at any time, upon reasonable notice posted in advance on the Site or communicated with you through email or other means. DWS, Inc. may automatically charge your account for renewal of your paid membership if you have purchased an annual or monthly recurring membership. The renewal charge will be the current published rate for the term of your paid membership. In the event that DWS, Inc. cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. If you purchased a DWS membership, you may cancel your renewing charge at any time during the term of the paid membership. Your online access will continue until your membership date of expiration, which can be viewed in your profile. If you are not satisfied with your annual membership, you may request a refund. DWS, Inc. will provide a full refund of paid membership fees for 90 days from the date of purchase, or refund the remainder of your membership on a pro-rata basis that will cover the unused months of your membership (partial months will not be refunded). (b) You agree to promptly update your Registration Information in the event of any known or suspected unauthorized use of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your membership until you update your Registration Information. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your membership is subject to use without your authorization, you must update your Registration Information. (c) You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account. (d) You agree to keep your contact information up to date and accurate, and to register DWS.com email addresses with your email provider so that DWS.com emails are not diverted from your inbox. DWS is not responsible for failure to notify you of updates to the content or charges to your stored credit card if the email address listed with your Registration Information isn’t valid, or if the messages are failing to reach you. 1. No-Commercialization Policy. You agree to use the Site, Discussions (described in Section 5) and Fee-Based Services only in a noncommercial manner and in compliance with DWS, Inc.’s No-Commercialization Policy. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation any forum) any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us by email: [email protected] 1. Copyright and Trademarks. All materials on the Site, including without limitation text, images, software, audio and video clips, databases and Fee-Based Services (collectively, the “Content”) are owned or controlled by DWS, which retains all right, title and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions and other applicable laws. DWS encourages and permits links to the DWS Site. However, you may not download, display, reproduce, create derivative works from, transmit, sell, distribute or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of DWS You may not “frame” any webpage of the Site in another website. You agree not to use any trademarks, service marks, names, logos or other identifiers (collectively, “Marks”) of DWS or its affiliates, or its or their licensors or independent contractors (each, a “Trademark Owner”) without the prior written permission of DWS or the relevant Trademark Owner. In addition, you may not use our or any Trademark Owner’s Marks: (a) in, as or as part of your own marks or those of any third parties; (b) to identify products or services that are not those of DWS, Inc. or the relevant Trademark Owner; (c) in a manner likely to cause confusion; or (d) in a manner that implies that DWS, Inc. or the relevant Trademark Owner sponsors or endorses or is otherwise connected with your own activities, products and services or those of any third party. The Marks used on the Site are federally registered and/or common law trademarks of DWS, Inc. or the relevant Trademark Owner. 1. Discussions. DWS, Inc. may make available to members of the Site email notices, newsletters, forums, message boards, bulletin board services or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the “Discussions”). DWS, Inc. cannot review all communications made on or through the Site. However, DWS reserves the right, but has no obligation, to monitor the Discussions and to edit, modify or delete any materials which DWS in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any DWS policy. 1. Communicating with the Sites. You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Discussions (the “Communications”). You shall not upload to, or distribute to, or otherwise publish through the Discussions any Communication which: (i) is for commercial purposes or otherwise advertises or solicits for the purchase or sale of goods or services; (ii) is obscene, indecent, pornographic, profane, sexually explicit or abusive; (iii) constitutes or contains false or misleading indications of origin or statements of fact; (iv) slanders, libels, defames, disparages or otherwise violates the legal rights of any third party; (v) causes injury of any kind to any person or entity; (vi) infringes or violates the intellectual property rights, contract rights or any other rights of any third party; (vii) violates any applicable laws, rules or regulations; or (viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Furthermore, you acknowledge that conduct prohibited in connection with the Discussions includes, but is not limited to, impersonation of any other person and breaching or attempting to breach the security of the Site. Neither DWS nor any of its affiliates endorse or accept any Communications as its own or as representative of its views. 1. Public Communications. You acknowledge and agree that any Communications are public. You acknowledge and agree that: (i) you have no expectation of privacy in any Communication; and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and DWS or any of its affiliates by reason of your transmitting a Communication to any area of the Site. By transmitting any Communication to the Site, you grant to DWS a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit and otherwise exploit such Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such Communications, including, without limitation, any rights under the intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, including but not limited to “moral rights” or any similar rights under any jurisdiction. 1. Unsolicited Email. You agree not to use the Discussions or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service that in any way involves the use of the Site or any equipment owned or operated by DWS in connection with the Site. A message is unsolicited if it is posted in violation of a discussion group’s intended topic(s) and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public shall not constitute a request or invitation to receive messages. 1. Privacy Policy. The terms and conditions of DWS privacy policy are set out in the section labeled “Privacy Policy” on the home page of the Site and (as they may be changed by DWS in its discretion) are incorporated herein and included in this Agreement. 1. Information Provided/Disclaimer. Information on the Site is intended to provide ideas, guidelines and links to additional information on products, technologies and design approaches for environmentally responsible buildings. You acknowledge that any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. DWS reserves the right but not the obligation, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that DWS is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither DWS nor its affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site. 1. Links to Other Sites. The Site may contain links and pointers to other sites on the Internet, which may be maintained by third parties. Such links do not constitute an endorsement by DWS or its affiliates of any third-party site or any materials contained therein. DWS and its affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy or currency of such third-party sites or any information, content, products or services accessible from such third-party sites. 1. Age Restrictions. You represent and warrant to DWS that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. If you are under 18, you may use the Site only with the involvement of a parent or guardian, who has accepted this Agreement. 1. Indemnification. You hereby agree to indemnify, defend and hold harmless DWS and its affiliates and its and their directors, officers, employees and representatives from and against any and all liability and costs incurred in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein or your use of the Site, Content, Discussions and Fee-Based Services. DWS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of DWS. You shall cooperate as fully as reasonably required in the defense of any claim. 1. Disclaimer of Warranty. Except as expressly set forth herein, the Site (including all Content, software, functions, Fee-Based Services, materials and information made available thereon or accessed by means thereof) are provided AS IS, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement. To the fullest extent permissible by law, DWS and its affiliates make no warranties and shall not be liable for the use of the Site under any circumstances, including but not limited to negligence DWS does not warrant that the functions contained in the Site or the Fee-Based Services will be uninterrupted or error-free, that defects will be corrected, that the Site or Fee-Based Services will meet any particular criteria of performance or quality, or that the Site, including Discussions or the server(s) on which the Site are operated, are free of viruses or other harmful components. 1. Limitation of Liability. Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, Content, or other material (including without limitation software) accessed through or obtained by means of the Site. Under no circumstances shall DWS or its affiliates, or any provider of telecommunications or network services for DWS or its affiliates, be liable for any indirect, punitive, special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Site or Fee-Based Services, even if DWS, its affiliates, or their providers of telecommunications or network services have been advised of the possibility of such damages. THE TOTAL LIABILITY OF DWS AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE BUILDINGGREEN, INC. AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 1. Termination. In addition to any other rights of the parties set forth herein, either you or DWS may cancel or terminate this Agreement at any time in accordance with the membership help instructions. DWS also reserves the right to restrict, suspend or terminate your access to the Site, including the Fee-Based Services, in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If DWS terminates this Agreement based on a breach of any portion of this Agreement, DWS reserves the right to refuse to provide a membership or any Fee-Based Services to you in the future. 1. Modifications. (a) To the Agreement. DWS has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via email or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of DWS in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your membership in accordance with the Site’s membership help instructions (if applicable) and/or to stop using the Site. (b) To the Site. DWS has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. DWS may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. If DWS restricts your access to Fee-Based Services for no fault of yours, DWS will refund any unused portion of membership charges pursuant to Section 2(a). 1. General. This Agreement constitutes the entire agreement between you and DWS with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and DWS Failure by DWS to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the State of Vermont (excluding its choice of law rules). In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorneys’ fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Code of Conduct: The DWS19 Committee is dedicated to providing a harassment-free conference experience for everyone, regardless of gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion (or lack thereof), or technology choices. We do not tolerate harassment of conference participants in any form, including but not limited to offensive verbal comments, sustained disruption of talks or other events, harassing photography or recording, deliberate intimidation and inappropriate physical contact. While healthy, participatory discourse is encouraged, we will not tolerate abusive, badgering or baiting arguments, whether during a session or otherwise. All communication should be appropriate for a professional audience. Disrupting the presentation of any individual will be grounds for immediate dismissal. Conference participants violating these rules may be sanctioned or expelled from the conference without a refund at the discretion of the conference organizers. Thank you for helping make this an informative, welcoming, friendly event for all.

HeySummit is not responsible for any part of the above Additional Terms and is only responsible for the Core Terms of Service stated hereunder:

HeySummit's Core Terms of Service

These Core Terms of Service (the “User Terms”) govern Your access to or use of the online and hybrid events platform and services generally described at heysummit.com and its associated services (online and offline), products, software, mobile applications, information, networks, distribution channels, components, APIs, and documentation (”Services”) offered or made available by Hey Summit Ltd. or its parents, subsidiaries, and corporate affiliates (“HeySummit” "we" "us" or “Our").

These User Terms and the Community Guidelines incorporated herein by reference, form a legally binding contract between You and us.

Review the Privacy Statement for more information on how we collect and use data relating to the use of Our services and products. The Privacy Statement is a changing policy that is also a part of these User Terms.

1. Who these terms apply to - read carefully!

You are subject to these User Terms (a “User”) if:

You are a “Participant” which is defined as any individual or entity that signs up for, or accesses a HeySummit account, or who attends, participates in, or interacts at, an Event. Examples include without limitation, individual Event attendees and speakers; or
You are a “Team Member” which is defined as any individual or entity that is affiliated with the Host (see below) and that uses or accesses the Services in any way. Examples include without limitation, event managers, agencies, consultants, contractors, sponsors, and exhibitors.

The term “Host” refers to the company, entity, institution, organisation, or individual who is the public facing “brand” of the virtual or hybrid event (“Event”). A Host could be a company, or an individual.

If the Host enters into customer terms with HeySummit, such as the HeySummit’s Platform Terms or other HeySummit customer agreement (including agreements provided to the Host via a referral partner), it is a direct customer of HeySummit.

If the Host is not a direct customer of HeySummit, it typically means that the Host acquired the right to use the Services via a third party reseller or agency, in which case the Host’s use of the Services are governed by its agreement with that reseller or agency.

In each case above, the Host is subject to those separate customer and/or reseller or agency terms, and the Host’s Participants and Team Members are subject to these User Terms; provided however that if You are the individual who is both the Host and the named HeySummit account holder, these User Terms also apply to Your use of the account and Services in Your capacity as a Team Member.

1.1 HeySummit’s role

Events are organised and administered by the Host, not HeySummit. We are a third party providing the Services and its incorporated technology platforms (the “Platform”) to facilitate an Event taking place. For the purpose of this Agreement, the Services includes the Platform.

We are not responsible and cannot be held liable for any matters described in the Host Responsibility section (below).

1.2 Host’s responsibilities

The Host has full control over the running of any Event. This includes the invitee list, when Events are created and how they are configured, and what functionality and third-party integrations are available for use at each Event.

The Host is solely responsible:

if an Event is cancelled;
for how an Event is run;
for ticket and merchandise sales and donation handling;
for marketing activities related to the Event;
for promotions, contests, and sweepstakes offered in connection with the Event;
for informing Participants of any relevant policies and practices and securing agreements and consents with its Participants including but not being limited to additional privacy statements and additional terms of service;
for any content produced or provided;
Ensure that the adequate permission is sought by each and every Participant when creating an account on their behalf and that You act in compliance with GDPR when using the Platform;
for any activities carried out during an Event; and
for monitoring and managing the conduct of Users.

It is solely the Host’s responsibility to respond to and resolve any dispute between the Host and any Participant or Team Member. The Host may also block or revoke a User’s access to its Event at any time and in its sole discretion.

HeySummit’s customer success team and mechanisms may be used to support such resolutions but it will be up to the Host to ensure the relevant information is provided to HeySummit and to troubleshoot an adequate resolution for HeySummit to assist and is therefore still the sole responsibility of the Host.

The Host will remain responsible for any resolution and the support of HeySummit throughout the resolution processes.

2. Right to use HeySummit

2.1. License

Subject to these User Terms, We grant You a limited, non-sublicensable license to access and use HeySummit:

where You are a Team Member, for the internal business purposes of the Host only, to create, organise and host Events on HeySummit; and
where You are a Participant, to attend and participate in Events for Your personal, non-commercial purposes only, subject to any Additional Terms of Service imposed by the Host.

2.2 Restrictions

You agree that You will not (unless You have Our express prior permission):

violate Our Community Guidelines
reproduce, duplicate, copy or resell any part of the Services or related content;
resell, rent, lease, sub-license, loan, provide, distribute, or otherwise make available, Your right to use or access HeySummit or any part of it, in any form, in whole or in part to any person without prior written consent from us or in respect to Event content except as permitted by the Host;
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of HeySummit or any content on it nor attempt to do any such things, except to the extent permitted by law;
copy, translate, merge, adapt, vary, alter or modify, the whole or any part of HeySummit or any content on it, nor permit HeySummit or any part of it to be combined with, or become incorporated in, any other programs or channels, except as necessary to use HeySummit as permitted in these User Terms;
use HeySummit maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into HeySummit or any operating system;
use HeySummit in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other Users, including by removing, circumventing, damaging or otherwise interfering with security-related features that prevent or restrict use or copying, pasting, printing, downloading or sharing of any content, or that enforce limitations on the use of the Services or related content;
access, collect, harvest or modify any information, content or data related to the Services using any robot, spider, scraper or other automated means or any manual process for any purpose, or attempt to decipher any transmissions to or from the servers running HeySummit;
access, search or create accounts for HeySummit by any means other than Our publicly supported interfaces (e.g. “scraping” or creating accounts in bulk);
access without authority, interfere with, damage or disrupt any part of the Services, any equipment or network on which the Services is stored, any software used in the provision of the Services, or any equipment or network or software owned or used by any third party;
use another user’s information (including email addresses) to contact them outside of HeySummit without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information for other Users for use outside of HeySummit; and
impersonate someone else to create an account, create or use an account for anyone other than Yourself, permit anyone else to use Your account, or provide personal information for purposes of account registration other than Your own.

3. Contributions and Personal Data

3.1

As part of an Event, You may submit or make available certain content, information, and data, such as messages or files (“Contributions”). You are responsible for Your Contributions, and You assume all risks associated with Your Contributions, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure that makes You or anyone else personally identifiable. You represent and warrant that You own or have the necessary rights, consents, and permissions to use and authorise the use of Contributions as described herein. You may not imply that Contributions are in any way sponsored or endorsed by HeySummit.

We are not responsible or liable to You or any third-party for the content or accuracy of any Contributions. We may reject or remove Contributions (such as Contributions that violate these Terms, Our Community Guidelines, or applicable law), but we have no obligation to do so.

If You believe a Contribution infringes Your intellectual property rights, see Our Copyright Infringement Policy in Our Community Guidelines.

3.2 Personal data in Contributions

As between HeySummit and the Host, the Host is the data controller of recordings of Event content, including any of Your personal data embedded therein. We explain Our role as the data processor of such personal data in the Privacy Statement but we strongly encourage You to review the privacy notices and policies of the Host and other participants in the Event as applicable.

We are not responsible for the usage of your personal data by the Host and the Host understands that it is not the responsibility of HeySummit to make the usage by the Host of User’s personal data. HeySummit is solely responsible for their role in processing of personal data as set out by the Privacy Statement.

It is the responsibility of the Host to ensure any additional processing or usage of personal data is made clear to the data subject and explained clearly before conducting the Event.

3.3 Children’s Data

You may not use the Services to collect data directly from children under the age of 13. In respect of any Event attended by children under the age of 13, a parent or legal guardian, as applicable, must register the minor and/or purchase the ticket on their behalf.

3.4 Limited License to Contributions

Solely in connection with Your interaction with the applicable Event, You grant to HeySummit a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual, irrevocable, license to the Contributions to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Contributions in any form, format, media, and channel.

4. Intellectual property rights

All intellectual property rights in the Services throughout the world belong to Us (or Our licensors). You have no intellectual property rights in, or to, the Services other than the right to use it in accordance with these User Terms.

If You provide feedback, comments or suggestions for improvements related to any HeySummit Services or products (in written, oral, or any other form) (“Feedback”), You represent and warrant that You (a) have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) the Feedback does not contain the confidential or proprietary information of any third party or parties. You (i) acknowledge that HeySummit may have something similar to the Feedback already under consideration or in development, and (ii) assign to HeySummit Your entire right, title, and interest (including any intellectual property rights) in and to Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, You hereby grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action of HeySummit, its service providers, successors, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to effect the foregoing assignment, waivers, or consents.

5. Promotional activities

You may promote, administer, or conduct a promotion, contest, or sweepstakes on, through or using Services (a “Promotion”), only if You:

(a) carry out all Promotions in compliance with all applicable laws and regulations, and Our Community Guidelines;

(b) You make expressly clear that the Promotion is Yours and that HeySummit does not sponsor, co-sponsor, endorse or support the Promotion.

You will be solely responsible for all aspects of, and expenses related to, Your Promotion, including, without limitation, the execution, administration, and operation of the Promotion, drafting and posting any official rules, selecting winners, issuing prizes, and obtaining all necessary third-party permissions and approvals.

We have the right to remove Your Promotion from the Platform if we reasonably believe that Your Promotion does not comply with applicable laws or Our Community Guidelines.

6. Limitation of Liability

6.1 Limitation of Liability for all Users who reside outside of the EEA and the United Kingdom

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. HEYSUMMIT WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS; (II) THE USE OF OR INABILITY TO USE THE SERVICES; (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE SERVICES; (IV) ANY AND ALL USES OF THE SERVICES; AND/OR (V) YOUR MISCONDUCT OR NEGLIGENT USE OF THE SERVICES, OR THE NEGLIGENCE OR MISCONDUCT OF A THIRD PARTY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL HEYSUMMIT’S AGGREGATE LIABILITY ARISING OUT OF, RELATING TO YOUR RELATIONSHIP WITH HEYSUMMIT, THESE TERMS, YOUR USE OF THE SERVICES, EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO HEYSUMMIT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEYSUMMIT AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY IN ALL OTHER CIRCUMSTANCES.

6.2 Limitation of Liability for all Users who reside in the EEA and the United Kingdom

If we fail to comply with these User Terms, we are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these terms or Our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted these User Terms, both we and You knew it might happen.

6.3 Disclaimer of Warranties

The Services are provided for general information and entertainment purposes only. It does not offer advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from HeySummit.

THE SERVICES ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS AND YOU USE IT SOLELY AT YOUR OWN RISK. HEYSUMMIT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY OF ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY HEYSUMMIT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Therefore, WITHOUT LIMITING THE RELEASE OF LIABILITY:

to the fullest extent permissible by law, HeySummit hereby disclaims and make no representations, warranties, endorsements, or promises, express or implied, as to: (i) the services (including Contributions); (ii) the functions, features, or any other elements on, or made accessible through, the services, including whether the services will be available at any particular time or location; (iii) whether information or instructions offered or referenced at or linked through the services is accurate, complete, correct, adequate, useful, timely, or reliable; (iv) whether the services or the servers that make the services available are free from any harmful components; and (v) whether Your use of the services is lawful in any particular jurisdiction.
THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. HEYSUMMIT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL HEYSUMMIT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND OR INJURIES ARISING FROM THE SERVICES; AND
YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, HEYSUMMIT IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (C) YOUR BREACH OF THESE USER TERMS AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU OR ANY THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF VARIOUS WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.

6.4 Please back-up Your Contributions and personal data

While we have taken reasonable security measures, we recommend that You regularly back up any content and data used in connection with the Services. HeySummit is not responsible for the loss of personal data or Contributions that you may from time to time store or keep saved on the Platform.

6.5 Check that the Services are suitable for You

The Services have not been developed to meet Your individual requirements. Please check that the facilities and functions of HeySummit meet Your requirements.

6.6 We are not responsible for events outside Our control

If the provisioning of the Services is delayed by an event outside Our control, we will contact You as soon as reasonably possible to let You know and we will take steps to minimize the effect of the delay. Provided we have acted reasonably in letting You know about the delay where it is possible for us to do so, we will not be liable for delays caused by the event.

6.7 We are not responsible for third party websites and services

The Services may contain links or referrals to third party and other independent websites and services which are not provided by Us. Such websites and services are not under Our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make Your own independent judgement about whether to use them, including whether to buy any products or services offered by them.

If You, on your own accord choose to enter into an agreement with any third party regardless of whether they were recommended by HeySummit or not; You are solely responsible for applying your independent judgement and making your own decision to enter into any contract or arrangement with that third party.

7. Termination

7.1 You may terminate these User Terms at any time by deleting Your HeySummit User account.

7.2

We can, in Our sole discretion, terminate these User Terms and/or Your right to access or use HeySummit at any time, without notice, for any reason, including where we reasonably consider that (a) Your use of the Services violates these User Terms or applicable law; or (b) we are unable to continue providing HeySummit to You due to technical or legitimate business reasons. In the event of such termination:

HeySummit revokes any licenses granted to You hereunder;
You must stop all activities authorised by these User Terms, including Your use of HeySummit.
You must delete or remove HeySummit from all devices in Your possession and immediately destroy all copies of HeySummit which You have and confirm to us that You have done this.
We may take all steps necessary to prevent You from accessing or using HeySummit including suspending Your HeySummit User account.

8. Technical requirements

In order to use HeySummit, it is necessary that You have a device that allows You access to the Internet, and an email. In order for certain functionalities and features to work properly, a camera or microphone and a headset or loudspeaker must be on and not used by another application. You expressly acknowledge and agree that we are not responsible for satisfying the foregoing requirements, and that the quality of messages, information or files sent, posted, streamed, published or otherwise transmitted using HeySummit may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of HeySummit.

9.Other important terms

9.1 Contacting us

If You are having any issues using the Services, get in touch with the Customer Success team.

If we have to contact or notify You, we will do so by the contact information You provided us or via notification on the Platform or other reasonable method.

9.2 Updates to HeySummit

From time to time we may automatically update and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We will not need Your consent to do this, and Your continued use of the Services following the update will be subject to these User Terms.

9.3 If someone else owns the phone or device You are using

If You stream HeySummit onto any phone, laptop, desktop or other device not owned by You, You must have the owner's permission to do so. You will be responsible for complying with these User Terms, whether or not You own the phone or other device.

9.4 Changes to these User Terms

We may change these User Terms to reflect changes in law or best practice, or to address changes in Our Services. If You do not accept the changes, You are not permitted to continue using the Services.

9.5 Assignment and Transfer

We may transfer or assign Our rights and obligations under these Terms to an affiliated party of HeySummit or third party, with or without notice to You. You may not transfer Your rights and obligations under these Terms to someone else without Our prior written consent.

9.6 If a court finds part of this agreement illegal, the rest will continue in force

Each of the paragraphs of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

9.7 Even if we delay in enforcing this agreement, we can still enforce it later

Even if we delay in enforcing these User Terms, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these User Terms, or if we delay in taking steps against You in respect of Your breaking this agreement, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date.

9.8 Which laws apply to this contract and where You may bring legal proceedings

These User Terms are governed by English law, and You can bring legal proceedings in respect of the products in the English courts only.