Terms of Service - Eventzilla Joinlive

These terms were last updated on October 10, 2020.

Thank you for using Eventzilla Joinlive. By using the Joinlive.net website or related services (collectively, “Service” or “Eventzilla Joinlive”) owned by Eventzilla Corporation (the “Company”), you hereby agree to be bound by these Terms of Service (“Terms” or “Terms of Service”) in full and without modification.

I. Definitions

In addition to the other definitions provided through the Terms, the following definitions used herein have the following meanings:

Account – part of the Service separated for a given Registered User. One User may have only one Account unless the Company agrees to another. Depending on the type of Service Use Agreement, the Account of a given type may allow the use of functionalities specified by the Company. Depending on the type of Service Use Agreement, the registration of a given Account may be for a fee or free of charge.
Affiliate – a commercial partner of the Company providing services in the area of acquiring new clients for services provided by the Company via an affiliate link placed on his / her Service/Services based on a separately concluded affiliation agreement
Company – Eventzilla Corporation with its address in 545 Metro Place South, One Metro Place, Suite 100, Dublin, OH 43017, United States.
Consumer – a person who uses the Service for purposes not directly related to their business or professional activities.
Fee for the Service – the fee allowing the Registered Users to have an access to services and certain functionalities for a pre-defined period. The amount of the Fee is based on current Price List and can be subject to change; such a change does not amend the Terms of Service.
Guest – the Participant or the Presenter.
Material of User – verbal, graphical, text, audio, video, or other content that the User may post, share or distribute via the Service or on the Service. The Material of User cannot include the images of natural persons unless they are available only to Guests.
Participant – a natural person invited by the Registered User to participate in a meeting in the Room.
Presenter – a natural person invited by the Registered User to conduct a meeting in the Room.
Price list – current service pricing is listed on the Service. The listed prices are net prices.
Private Room – the Room the access to which is granted to Users invited by the User who created the Private Room.
Reference Period – The Account payment subscription period, as referenced at the time of purchase, which may be either one calendar month or one calendar year.
Registered User – the User who registered a personal account on https://www.joinlive.net the Service. The Registered User may be only a person who conducts business activity and registers and uses the Service within and for the purpose of its professional or business activity.
Room – the functionality of the Service which allows the Users to conduct audio and video communication and to transmit text messages.
Service Use Agreement – any additional agreement or terms within the Service that provides specific terms governing a certain aspect of the Service.
User – a person, legal entity or organizational unit without legal personality to which the provisions of law attribute a legal capacity. The Registered User, the Presenter or the Participant may be the User.

II. General Provisions

These Terms of Service define the rules for use of the Service.
The Service is maintained by the Company and its partners.
The Service is designed to enable Users to conduct mutual audio, video or text communication within the Rooms; provided, however, that the Company may modify, change, or limit the functionality of the Service at any time.
These Terms of Service specify in particular:
(a). rules for registration and use of the Account within the framework of the Service,
(b). rules for use of the Service, including rules for transmitting data by the User onto the Service
(c). rules for use of the Room and other functionalities available within the framework of the Service,
(d). rules for use of newsletter service,
(e). complaints’ procedure, and
(f). information on and rules for personal data protection.
The minimum hardware and software requirements to enable use of the Service are as follows:
(a). a computer with access to the Internet,
(b). access to e-mail or a mobile phone,
(c). monitor resolution of at least 1024×768 pixels,
(d). use of a compatible web browswer, including Google Chrome, Mozilla Firefox, Opera, Apple Safari, Microsoft Edge, Yandex, Vivaldi (Current and one version older is recommended), and
(e). in order to use the video functionality, the User’s computer must be equipped with a camera and microphone.
Notwithstanding the minimum requirements described in Section II.5., the Service may not be available for all Users and hardware or software conflicts may exist.
The Users can get access to the Terms of Service at any time via a link located on the home page of the Service.
The Company makes reasonable efforts to give the Users the opportunity to use all functionalities of the Service 24 hours a day. However, the Company reserves the right to temporarily suspend the operation of some or all functionalities of the Service in order to carry out maintenance, updates or repairs. In addition, the Service may become unavailable at certain times due to circumstances outside of the Company’s control.
The Company makes efforts to ensure that all functionalities of the Service are reliable. However, the Company is not responsible for deficiencies in the functioning of the Service.
The Company may organize contests, promotions and games independently or jointly with other entities for some or all Users. The conditions of such contests, promotions or games shall be specified in separate regulations available within the framework of the Service.
The Service uses YouTube API Services, which current Terms of Service (YouTube Terms of Service) are available here. By using the Service the User agrees on the content of YouTube Terms of Service and undertakes to comply with YouTube Terms of Service. By using the Service, the User agrees on the content of Google Privacy Policy available here (Google Privacy Policy). YouTube Terms of Service and Google Privacy Policy may be changed from time to time in accordance with their rule.

III. Rules of Use of the Service

All graphical elements, technology solutions and other elements of the web page on the Service, in particular HTML and XHTML codes, CSS sheets, JavaScript scripts and multimedia links, as well as software available via the Service, are protected by copyrights to which the Company is entitled.
The User is not allowed to copy or store neither elements nor the entire Service and its components in any manner, shape or form.
The Users meeting all requirements specified in these Terms may create an Account and utilize the Services. Registering and creating the Account on the Service is a condition to have an access to some functionalities of the Service.
The registration is made by completing and accepting the registration form available on the Service, in which the User must provide the following information: name and surname, e-mail address or a phone number.
The consent to provisions of the Terms of Service and providing data specified during the registration procedure are mandatory conditions of registration.
The Service, or certain elements of the Service, may only be accessible on a Fee for Service basis; provided, however, that the Company, but is not required to, periodically offer free trial periods at its sole discretion.
The Registered User may at any time terminate the Service Use Agreement by unregistering the User’s Account or by terminating the Service Use Agreement.
The Registered User may change its Account type at any time. If the Account is changed to a payable or payable in a greater amount than before, the change of the Account type depends on the User paying the appropriate fee. If the Account is changed to a free or paid one in a lower amount than before, the User is not entitled to an immediate refund, but any unused value left over may be used to offset against future scheduled payments for the Service.
The Registered User makes payment of the Fee for Service by providing their credit card information to the Service Owner or registered payment provider within the requested time frame.
The Fee for Service for the Reference Period is charged from the Registered User in advance; it entitles the Registered User to use the Service until the end of the Reference Period. At the end of the Reference Period, the Fee for Service is automatically charged for the next Reference Period in accordance with the Price List current as of the day of commencement of the original Reference Period.
By accepting the Terms of Service, the Registered User agrees to the automatic collection of Fees for Service from credit card in the amount agreed at the commencement of Reference Period. In case that automatic collection of Fees for Service from a credit card is not possible, the Company informs the Registered User by asking to update information related to the credit card. In case that the Fees for Service for the next Reference Period are not paid the Company blocks access to the functionality of the Service for a period of 30 days. If during this period the Registered User does not renew automatic collection from credit card the Company is entitled to terminate the Service Use Agreement immediately and without further notice.
The Company may terminate your access to the Service, including any Service Use Agreement, or prevent the use of the Service or block or limit certain parts of the service with immediate effect if the Registered User:
(a). during the registration process or during the payment process provides on the Service, data which is untrue, inaccurate or outdated, misleading or which violates the rights of the third parties,
(b). infringes personal rights of the third parties through the Service, in particular personal rights of other Users of the Service,
(c). commits other violations against binding laws, good practices or principles of social coexistence or commits actions detrimental to the reputation of the Company, its employees, co-workers or contractors,
(d). registers more than one trial account, or
(e). otherwise violates any of these Terms.
No refunds or credits will be made for any terminated Accounts, even if a terminated account has been prepaid through a future date.
A person who is denied the right to use the Service cannot register again without the prior consent of the Company.
Each User agrees to:
(a). not deliver or disseminate any content prohibited by law,
(b). refrain from activities such as transmitting or posting commercial information within the Service, which is not ordered,
(c). use the Service in a manner which does not disturb its operation,
(d). use any content contained within the Service only for personal use,
(e). use the Service in a manner which complies with all applicable laws and provisions of the Terms of Service, and
(f). decompile, reverse engineer, index, or disrupt the Service in any way.

IV. Rules for Use of Functionalities of the Service and Transmission of Material of User

Using certain functions of the Service requires registration and acceptance of the Service Use Agreement. The Users joining the Room as participants are not obligated to any registration or conclusions of agreements.
The basic functionality of the Service is enabling video, audio and text communication between Users in the same Room. In order to use the basic functionalities of the Room, there is no need to install additional software. The use of some functionalities of the Room may require the installation of additional software, about which the User will be informed on the Service.
In order to gain an access to the Room, the User shall type the URL address in their web browser. The name of each User who starts using the Room is shown to other Users of this Room. In the case of the Private Room, the User may begin using such a Room only after being accepted by the User, who created the Private Room.
The communication is possible only between Users who use the same Room at the same time. The Service does not save any communications between the Users.
The Registered User may create the Private Room through functionality available after logging in (signing in) to their own personal Account. The Registered User always has an access to the Private Room created by them. The Registered User may adjust some elements of the Private Room within the options made available by the Company. The Registered User, who created the Private Room, may delete the Private Room from the Service at any time.
By posting Materials of User or containing Materials of User within the Service the User presents their own views and opinions and takes full responsibility for the published content. The Company is not liable for any Materials of User unless such liability is provided by applicable law.
The User is not allowed to post materials of User or contain materials of User within the Service which are: against the law, pornographic, racial hatred, religious hatred, ethnic hatred, propagate violence or vulgarity and constitute a general violation of applicable laws and principles.
Using the Room for purposes which do not comply with applicable laws, particularly aimed at the organization of gambling, including poker, is also not allowed.
Each Material of User which is posted or placed on the Service must be the result of their personal creativity or the User must be authorized by the owner of the Materials to use them within the Service, as well as meet the following requirements:
(a). content of the Material of User must comply with good practices, in particular, it cannot include offensive information,
(b). content of the Material of User must not violate copyrights or other similar rights, including the right to image protection, as well as the personal rights of any third parties,
(c). content of the Material of User must not constitute direct and intentional commercial information related to entities other than the Company.
The Owner of the Service reserves the right to remove or block the possibility of posting and placing Materials of User which violate the Terms of Service without notice to the User, as well as the right to block participation on the Service in relation to individuals violating provisions of the Terms of Service or provisions of general and applicable law.
When posting Material of User or placing Material from the User on the Service the User grants the Company a non-exclusive license to use the content of the Material of User as a whole, as well as all elements included in the Material of User, in whole and in fragments, with or without modifications, with no time limit, free of charge and without territorial restrictions, together with the right to sublicense, free of charge, on the same terms, in order to enable providing services through the Service.
The Company or a moderator assigned by the Company shall be entitled to any transfer or modification of the Material within the framework of the Service in any manner, as well as to blocking or removing the Material of User or entire discussions if the Material of User violates the Terms of Service.
The Company reserves the right to fine the User who violates the Terms of Service by posting contents or other materials of commercial nature, as well as placing advertisements on commercial terms.
If in connection with a breach of law or rights of a third party by any Material of User posted or placed on the Service for which the Company may be liable whatsoever, the User is obliged to exempt the Company from such liability to the fullest extent permitted by law, and if the Company incurs losses or expenses, to reimburse such losses or expenses up to the full amount.

V. Billing & Subscription

The Service is provided on a prepaid recurring billing basis. All fees for the Service shall be paid according to the subscription plan you have chosen and these Terms of Service.
You agree to pay the subscription fee as a recurring payment, per the agreed subscription plan. The amount of the recurring payment is based on the current pricing, which is presented on the Service website. You have the right to revoke your consent for the recurring payments being charged to your payment account.
We reserve the right to change the fees for the Service at any time, including changing from a free service to a paid service and charging for services that were previously offered free of charge; provided, however, that we will provide you with 30-day prior notice and an opportunity to terminate your Account if you do not accept the changes.
All amounts paid under the Agreement are non-refundable. If you choose to cancel your subscription to the Service before the end of your billing term, all scheduled future recurring payments for the service will be cancelled; and your account will remain active until your current billing term expires.
If you choose to downgrade your subscription plan to a lower priced plan, any excess payment, which is the difference between the payment you may have already made and a lower priced plan that you may choose to switch to, shall be credited on a pro-rated basis towards future payments for the Service.
If you choose to upgrade your subscription to a higher priced plan, the pro-rated difference from the time of upgrade to the end of your current billing term will be immediately charged to your payment account; and all scheduled future recurring payments will be modified according to the new plan’s price.
The Service fees do not include any additional third-party costs including phone call or data transmission costs charged by phone operators and/or data transmission providers.
For any additional features (add-ons), which you may choose to purchase (e.g. additional storage, additional storage for recordings etc), the fee for the add-on shall be charged as a recurring payment, on terms consistent with the main subscription plan.
We reserve the right to inform you via email about the expiring subscription and the amount of fee that needs to be paid in order to renew the subscription. If you do not pay the fee on time to renew the subscription, your account’s status may be changed to “Inactive” for a limited period. During this period, your account still has your content saved, but the functionality of the Service has been blocked. If you still fail to pay the fee after this period, it is deemed that you have resigned from the further subscription to the Service and the Agreement expires.

VI. Copyright Infringement

The Company prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Eventzilla Corporation
545 Metro Place South,
One Metro Place,
Suite 100,
Dublin,
OH 43017.
When contacting the Company, please make sure that you include the following information:
(a). a statement that you have identified content on the Service that infringes your copyright or the copyright of a third-party on whose behalf you are entitled to act;
(b). a description of the copyright work(s) that you claim have been infringed;
(c). a description of the content that you claim is infringing and the URL(s) where such content can be located;
(d). your full name, address and telephone number, a valid email address on which you can be contacted, and your username if you have one;
(e). a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
(f). a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
(g). with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
(h). your electronic or physical signature (which may be a scanned copy).
The Company will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. Section 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
The foregoing process applies to copyright only. If you discover any content that you believe to be in violation of your trademark rights, please report this to us by mail or email at Eventzilla Corporation, 545 Metro Place South, One Metro Place, Suite 100, Dublin, OH 43017 or help@joinlive.net. In all other cases, if you discover content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use or applicable law, please report this to us at Eventzilla Corporation, 545 Metro Place South, One Metro Place, Suite 100, Dublin, OH 43017 or help@joinlive.net.
In accordance with the DMCA and other applicable laws around the world, the Company has adopted a policy that it will promptly terminate without notice any User’s access to the Service if that User is determined by the Company to be a “repeat infringer.” A repeat infringer includes, without limitation, a User who has been notified by the Company of infringing activity violations more than twice and/or who has had any User-submitted content removed from the Service more than twice. The Company may also at our sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

VII. Complaints

Any other complaints related to the use of the Service shall be addressed to help@joinlive.net. The complaint application shall include the reason for complaint. The Company is obliged to deal with each complaint within 14 calendar days.

VIII. Personal data

The Registered Users’ personal data is processed by the Company in accordance with the principles specified in the Privacy Policy available here https://www.joinlive.net/privacy.
The Users’ personal data in relation to using Service in a manner not related to using the Rooms (automatic collection) is processed by the Company in accordance with the principles specified in the Policy on Cookie and other technologies on the Service available here https://www.joinlive.net/privacy .
The personal data of Guests in relation to using the Rooms is processed by the Registered User, who invited the Guest to participate in the Room. In this context the Controller of data of the Guests, who use the Rooms, is thus the Registered User. If such a Registered User is covered by the EU law, all and any rights of the Guests and obligations of this Controller within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 GDPR) are performed in relation to the Registered User. If the Registered User is not covered by the EU law, the aforementioned aspects are regulated by other law applicable for this Registered User.
In the context of point 3 above the Company is the processor which has been entrusted with processing the personal data of the Guests by the Registered User under the separate agreement constituting attachment to these Terms of Service.

IX. Limitation of Liability and Disclaimers

By using the Service, you acknowledge and agree that the Service is provided without any warranties, guarantees, or representations of any kind, including any warranties of fitness for a particular purpose or merchantability. Without limiting the foregoing, the Company does not warrant that
(i) – the Service will meet your specific requirements,
(ii) – the Service will be uninterrupted, timely, secure, or error-free,
(iii) – the results that may be obtained from the use of the Service will be accurate or reliable,
(iv) – the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or the representations of the Seller, and
(v) – any errors in the Service will be corrected.
Sellers, and not the Company, are solely responsible for hosting, promoting, planning, and conducting the Events. By using the Service, you acknowledge and agree that in no event shall the Company be liable to any User, person, and/or entity (including but not limited to Registrants and Sellers) for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including without limitation, legal expenses, loss of business, loss of profits, loss of revenue, lost or damaged data, cost of substitute goods or services, losses arising out of
(i) – any Event;
(ii) – any fraudulent claims made by any Seller; or
(iii) – the Service being inaccessible, or failure to realize expected savings or any other commercial or economic losses arising out of or in connection with these Terms, even if the Company has been advised of the possibility of such loss or damages, or such losses or damages are foreseeable.
By using the Service, you acknowledge and agree to use caution when attending or participating in any Event.
By using the Service, you acknowledge and agree that the Company does not screen, vet, or otherwise endorse any Event.
By using the Service, you acknowledge and agree that the Company cannot be, and is not, responsible for safety at any Event.

X. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
your involvement or attendance at any Event; (b) your breach of these Terms or the documents referenced herein; or (b) your violation of any law or the rights of a third-party.

XI. Attorney Fees

In the event that the Company is successful in whole or in part in any action or proceeding related to or arising from these Terms, you shall be responsible for the Company’s attorneys’ fees and costs, including but not limited to attorneys’ fees and costs incurred in collecting any judgment.

XII. Jurisdiction and Choice of Law; Dispute Resolution

Except as otherwise provided for in Section XIII hereof, If there is any dispute arising out of the Service, you expressly agree that any such dispute shall be governed by the laws of the State of Ohio, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Ohio, for the resolution of any such dispute. Acceptance of these Terms constitutes your consent to be sued in such courts and to accept service of process outside the State of Ohio with the same force and effect as if such service had been made within the State of Ohio. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been affected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

XIII. Arbitration Provision/No Class Action

Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Ohio, County of New Castle, or the United States District Court for the District of Ohio. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Ohio, County of New Castle, or the United States District Court for the District of Ohio. Notwithstanding the terms of this Section XIII, the parties may bring claims in the state or federal courts of Ohio for injunctive relief relating to the infringement of intellectual property.

XIV. Intellectual Property

You acknowledge that any intellectual property used on the Service or by the Company is property of its respective owner and that no license, assignment, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site or Company, or derivatives thereof, including the names “Joinlive” or “Eventzilla,” for any purpose other than those expressly permitted in these Terms. The Company reserves all rights to its all intellectual property.
The Service may utilize certain third-party software, scripts, and applications (“Third-Party Applications”) to deliver functionality to Users. Your use of the Service is subject to the respective terms of use and licenses of all Third-Party Applications.
You grant the Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any User Messages or public material you post to the Site or share with the Company. You represent and warrant that you have the right to enter into this license.

XV. General

The company reserves the right to update, replace, and/or change the Terms at any time and without notice. The newest version of the Terms will be posted on the Service and the date of the most recently updated Terms will be displayed near the top of the document. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any update, replacement, and/or changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: https://www.joinlive.net/en/terms-conditions.
The company reserves the right to terminate your Account (as defined below) at any time and for any reason, with or without notice. The Company may refuse service to any User. For the purpose of these Terms, a “User” or “you” shall be any person or entity including (without limitation) any Organizer, Seller, or Registrant that utilizes, views, uses or accesses any of the Services,
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms).
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service.
Our postal address is: Eventzilla Corporation, 545 Metro Place South, One Metro Place, Suite 100, Dublin, OH 43017
Questions about these Terms should be sent to help@joinlive.net.