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”).

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.

Types of Users

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

• “Organizers”. An Organizer, is an individual, normally such as an employee, contractor or partner of a Host who is part of the team which helps the Host manage, run and host Events on Bevy’s platform. Organizers have special access privileges and are invited to access and use Bevy by a Host.
• “Participants”. A Participant is anyone who attends an Event on Bevy’s platform. Participants are either invited to a specific Event by a Host or have signed up for a Bevy account and attend an Event using their account details. Participants also include anyone that has been invited by the Host to speak at an Event, exhibit at an Event, or sponsor an Event.

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:

• If an event is cancelled for any reason by the Host;
• For how an event is run;
• For any content produced or activities carried out during an Event;
• For the conduct or Contributions (as defined below) of any other Participants; or 
• For any technical difficulties arising from any equipment, hardware and ancillary services needed to connect to, access or otherwise use the Services.

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.

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:

• Inform you of any relevant policies and practices of the Host that apply to your use of Bevy outside of these Terms of Use;
• Inform you of any relevant policies and procedures of the Host that apply to your use of Bevy outside of these Terms of Use;
• Respond to and resolve any dispute between the Host and you, or between you and any other Participant. 

Right to Use

License

We grant you the right to access and use Bevy:

• Where you are an Organizer, to create, organize, promote, and host Events on Bevy; and
• Where you are a Participant, to attend Events and act within any restrictions set by the Host, as permitted in these Terms of Use.

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:

• Not rent, lease, sub-license, loan, provide, or otherwise make available, your right to use or access the Service to any person;
• Not copy the Service or any part of it;
• Not translate, merge, adapt, vary, alter or modify, the whole or any part of Bevy or any content on it, nor permit Bevy or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use Bevy as permitted in these Terms of Use; 
• Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Bevy or any content on it nor attempt to do any such things, except to the extent permitted by law.

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.

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.

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:

• To the extent you shared it with other Participants as part of an event you attended or hosted on Bevy and those Participants copied or stored portions of the contributions in question;
• If we used it for promotional purposes; and
• For the reasonable time it takes to remove your contribution from backup and other systems.

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.

Where you are a Participant

You acknowledge that:

• Unless we agree otherwise in writing, if you submit, transmit, display, perform, post or store contributions on or using Bevy, you grant us, and our sublicensees (including the Hosts), to the furthest extent and for the maximum duration permitted by applicable laws (including in perpetuity if permitted under applicable laws), an unrestricted, worldwide, fully sub-licenseable, non-exclusive, and royalty-free right to:
• Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such contributions in any form, format, media or media channels now known or later developed or discovered; and
• Use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such contributions. Should such Contributions contain the name, identity, likeness and voice (or other biographical information) of third-parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that we and our sub-licensees are allowed to use them to the extent indicated in these Terms of Use; and
• The use described above will include a recording of you making any kind of contribution and a licensee, such as a Host, subsequently sharing this recording with third-parties. 

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.

Acceptable Use

You must not:

• Use our site, including its services and or tools if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our site, services, or tools
• Post items in inappropriate categories or areas on our sites and services;
• Post false, inaccurate, misleading, defamatory, or libelous content;
• Make hate speech, or perform any type of harassment;
• Take any action that may damage the rating system.
• Use Bevy in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Bevy or any of its operating system;
• Infringe our intellectual property rights or those of any third-party in relation to your use of Bevy, including by the submission of any material (to the extent that such use is not licensed by these Terms of Use;
• Use Bevy in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 
• Collect or harvest any information or data from any aspect of Bevy or our systems or attempt to decipher any transmissions to or from the servers running Bevy;
• Access, search or create accounts for Bevy by any means other than our publicly supported interfaces (e.g. “scraping” or creating accounts in bulk); and
• Use contact or other user information obtained from Bevy (including email addresses) to contact other users outside of Bevy without their expressed consent, or to create or distribute mailing lists or other collections of contact or user profile information for other users for use outside of Bevy.

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.

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:

• the use, disclosure, or display of your User Content;
• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.

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

Term

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

• Where you are an Organizer, on the Host’s Subscription for your access expiring or terminating, or your access to the Bevy’s Service being terminated by us;
• Where you are a Participant, when you cancel your Bevy user account with us, or where we terminate your access to your Bevy user account.

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:

• Your use of Bevy violates these Terms of Use or applicable law;
• You fraudulently use or misuse the Bevy Service; or
• We are unable to continue providing Bevy to you due to technical or legitimate business reasons.

2. If we end your rights to use Bevy:

• You must stop all activities authorised by these Terms of Use, including your use of the Bevy Service.
• We may take all steps necessary to prevent you from accessing or using the Bevy Service, including suspending your Bevy user account.

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.

2. 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. 

3. 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.

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.

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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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:  February 10, 2021