Bevy’s Terms of Use

These Terms of Use (the “Terms”)  contain the complete terms and conditions that apply to your use of the internet-based applications, software, services and websites (the “Services”) offered by Bevy Labs, Inc. (“Bevy”, “we” and “us”), including the virtual event hosting platform for organizations and individuals who want to host events (“Events”) online. If you wish to use the Services please read these terms of  use carefully. By accessing the Service, or by clicking “I accept” or otherwise indicating your acceptance when creating an account or purchasing a subscription, you agree to become bound by these Terms. If you do not agree to these Terms, then you may not access or use the Service.

Applicability 

These Terms apply to all Bevy users. We use the term “Host” to refer to companies, businesses, individuals and organizations who use Bevy’s platform to organize and host their Events and who have purchased paid subscriptions to access as use the Services pursuant to a separate written agreement (a “Subscription”).

  1. Registration

For you to complete the sign-up process in our site, you must provide your full legal name, a valid email address, member name and any other information needed in order to complete the signup process. You must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the Service or third-parties during any visit to the site shall be subject to the terms of Bevy’s Privacy Policy.

  1. Types of Users

There are two different types of users which these terms apply to:

  1. Our role

Events are organized and administered by the Host, not Bevy. We are a third-party providing the platform for an event to take place. We are not responsible and cannot be held liable for any aspect of the Event not directly related to the technical facility of the Event, including but not limited to:

  1. Complaints

If you wish to discuss any of the matters listed above, or you have paid for a ticket to an Event and would like to request a refund, you should contact the Host, whose responsibility it is to deal with the matter. 

Our only responsibility is to provide the technical facility for the Event to run. If you are experiencing technical issues with Bevy, please contact us as set out in this Agreement.

  1. The Host’s Responsibilities to Events’ participants

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

The Host may prohibit or withdraw access to Events to any Participant at any time, with or without notice.

It is solely the Host’s responsibility to:

Right to Use

  1. License

We grant you the right to access and use Bevy:

  1. Restrictions

You agree that you will (i) not attempt to infiltrate, hack, reverse engineer, decompile, or disassemble the Service; (ii) not represent that it possesses any proprietary interest in the Service; (iii) not directly or indirectly, take any action to contest Bevy’s intellectual property rights or infringe them in any way; and (iv) except as specifically permitted hereunder, not use the name, trademarks, trade-names, and logos of Bevy and (v) not make the Service available for re-sale, in a service bureau arrangement or via distribution by any means not explicitly allowed under these Terms:

  1. Uploading Content

As part of your participation in an Event, you may submit content, information, and data, such as messages or files to Bevy. Your submissions or contributions will be subject to security measures outlined in these Terms.

  1. Sharing Political Opinions

Subject to these Terms of Use, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit Participants to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable laws, and that you will abide by all relevant laws and regulations while doing so.

  1. Live streaming

With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such contributions from Bevy, or generally by closing your account, except:

  1. Shared Personal Data

Where you are a Participant and any of your contributions includes your personal data, we shall be the data controller, and will handle your personal data in accordance with our Privacy Policy.

Where you are an Organizer and any of your contributions include your personal data, the Host will be the data controller. We will only be the processor, instructed to process such data on the Host’s behalf. If you would like to exercise any of your legal rights with respect to your personal data that may be held by us, you should direct your request to the Host. If you direct your request to us, we will not be able to respond to you directly without first obtaining the permission and instructions of the Host.

  1. Where you are a Participant

You acknowledge that:

  1. Where you are an Organizer

Your contributions will be owned by the Host. Under our contract with the Host, the Host may have certain choices and control over your contributions, including the right to use, delete or modify the contributions.

4. Acceptable Use

You must not:

5. Intellectual Property Rights

Bevy shall retain all intellectual property rights in the Service, including any and all derivatives, changes and improvements, and you agree that you obtain no intellectual property rights or licenses except those expressly granted in these Terms. 

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Service or proprietary information related thereto.

6. Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

OUR MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICE SHALL NOT EXCEED THE GREATER OF (1) TOTAL AMOUNT OF FEES PAID OR PAYABLE BY YOU TO COMPANY DURING THE TWELVE MONTHS PRECEDING THE DATE THE LIABILITY FIRST ARISES OR (2) $100

  1. Term

You will no longer be subject to these Terms of Use:

  1. We can terminate these Terms of Use and/or your right to access or use Bevy’s products at any time, without notice, including where we reasonably consider that:
  1. If we end your rights to use Bevy:

8. Privacy

  1. Security limitations

Be aware that internet transmissions are never completely private or secure and that any message or information you send on or using Bevy may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

  1. Collection of Technical Data

By using Bevy, you agree that we can collect and use technical information about the devices you use Bevy on, and related software, hardware and peripherals to improve Bevy’s product and services.

Certain aspects of Bevy will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for Bevy on the device. 

  1. Non-Assignment of Rights

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in the termination of your Bevy user account, without liability to us. However, we may assign these Terms to any person at any time without notice.

9. Technical Requirements

In order to use Bevy, it is necessary that you have a device that allows you access to the internet, a modern browser installed with plugins, with “cookies” and JavaScript enabled, and an email.

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 the Service 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 Bevy.

10. Miscellaneous Terms

  1. Contacting Bevy 

If you are having any issues using Bevy or wish to contact us for any other reason, please email our customer service team at help@bevy.com

If we have to contact you we will do so by email or a notification on through the Service, using the contact details you have provided to us.

  1. Changes to these Terms

These Terms are subject to occasional revision. We will notify you of any changes to these Terms by posting the new Terms on the Service and updating the “Last Updated” date below. We will also notify you of material changes by sending an email to the email address you have provided to us. Any changes to these Terms will be effective thirty calendar days following notification of such change. Continued use of the Service following such changes will indicate Customer’s acknowledgement of such changes and agreement to be bound by the updated version of these Terms.

  1. Assignment

Neither party may transfer or assign its rights or obligations under these Terms to any third party without the prior written approval of the other party, except for an assignment to an affiliated company or to a successor in connection with a merger, acquisition, reorganization or sale of substantially all of its assets or voting securities. Any purported assignment contrary to this section shall be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.

  1. Waiver

Failure of Bevy to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

  1. Severability of Terms.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

  1. Enforcement

Even if we delay in enforcing these Terms, we can still enforce it later. If we delay in taking steps against you with respect to your breach of these Terms of Use, that will not prevent us taking steps against you at a later date.

  1. Entire Agreement

 These Terms describe the entire Agreement between you and Bevy, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to Bevy and the Services.

  1. Choice of Law, Jurisdiction & Forum

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles, and any dispute arising from these Terms shall be brought exclusively before the state and federal courts in San Francisco, California, and each party irrevocably submits to the jurisdiction of such courts.

 

Last Updated:  October 11, 2020