Events Terms of Service

EVENTS TERMS OF SERVICE

 

ACCEPTANCE

 These Terms of Service (“Terms”) govern the use of services, including the exchange of recorded video content between users, and any other services (collectively, the “Services”) offered by MarketScale (“us”, “we”, or “MS”) through MarketScale Events. By using the Services, you are agreeing to the Terms whether or not you are a registered customer of MarketScale Events. In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference in the Terms.

 If you do not agree to the terms and conditions, please do not use these Services. Your use of this services constitutes acceptance of all of the most current terms and conditions for its use.

ACCESS TO SERVICES

The Services provided by MS are open to registered and non-registered users. Registered users may utilize Services for business or commercial activity. Non-registered users may use Service to view registered users’ content. You must be at least 18 years of age or older to access and view the Services. By registering and creating an account to use our Services, you warrant and represent that you have that legal age.

USER DATA

You agree to allow MS to contact you via email and all other forms of contact information provided. You acknowledge that MS may, from time to time, send digital newsletters and offers via email and any other forms of contact provided that it believes are relevant to users. Any and all such communications will offer an opt-out link should you no longer wish to receive the communications in the future.

TERMS SPECIFIC TO REGISTERED USERS

Users are required to register and create an account to utilize the Services. You acknowledge that by registering for a MarketScale Event, the username and password submitted may also work on MarketScale.com and related MarketScale products and publications.

Registered users are subject to the following terms in addition to all of the other terms in these Terms:

  • You agree to provide information that is true, accurate, current, and complete. If you provide any information that is untrue, incomplete, not current or inaccurate, MS has the right to suspend or terminate your account or refuse your current or future use of the Services.

  • You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include but is not limited to: (i) a breach or violation of the Terms or other MS policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in our sole discretion and that we will not be liable to you or any third party for any termination of your account, password, username, deletion of content and/or access to the Services.

  • You agree your account is non-transferable and any rights to your account, password, and username terminate upon your death or disability and/or termination of account for any reason.

  • You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact MS immediately. It is up to you to maintain the confidentiality of your password and account. We are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.

Registered users have subscription options to different plans offering different functionalities and features. These plans also reflect different pricing conditions. The variations of the Services in each plan are provided during the registration process and are subject to change. Upon successful registration of an account with us, the Services will be available and ready to use, subject to any payment requirements.

USER RESPONSIBILITIES AND RESTRICTIONS

 You agree to use the Services in compliance with these Terms and to abide by instructions provided by MS relating to the use of the Services.

You must use the Services in compliance with relevant state and federal law. You are expressly and emphatically restricted from all of the following:

  • Accessing the Services via any means other than the interfaces provided by MS;

  • Tampering with or avoiding the security and protection measures implemented by MS;

  • Accessing non-public areas of the Services, the computer systems of MS, or the delivery systems of our providers;

  • Processing data considered ‘sensitive’ under European data protection laws as well as those relating to payment details can only be done as long if have obtained prior written permission from MS;

  • Using any metatags or other hidden text or metadata;

  • Interfering with, or attempting to interfere with, the access of any user, host or network;

  • Misrepresenting your affiliation with any person or entity, as well as stalking or harassing other users or third parties, or share or use offensive or pornographic materials;

  • Activities such as vulnerability scanning, load testing, penetration tests or bypassing our security measures in any intended way;

  • Using the Services for competitive purposes;

  • Sending unsolicited or unauthorized electronic commercial communications;

  • Publishing any Services material in any media;

  • Selling, sublicensing and/or otherwise commercializing any Services material;

  • Publicly performing and/or showing any Services material;

  • Using these Services in any way that is, or may be, damaging to the Services or MS;

  • Using the Services in any way that impacts user access to the Services;

  • Using the Services contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Services, or to any person or business entity; and

  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Services, or while using the Services.

You agree to submit true and accurate information in the process of creating an Account. You further agree to update MS of any changes in account information to ensure continued accuracy. This includes contact and payment information.

USE OF MATERIALS

The Services may include information, graphics, text, images and other materials uploaded by other Account holders or third parties. These materials are solely for your use in connection with the Services, and their legality, accuracy and completeness are the sole responsibility of the party that uploaded them. Use of the materials may be subject to specific terms and conditions or license terms, and you are responsible to obtain any required licenses or authorizations, and to comply with any licenses or terms and conditions applicable to them.

The Services allow you to upload and/or use your own content. You understand and agree that by uploading such content, you grant MS a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable, license under all your intellectual property rights to use, reproduce, distribute, communicate and public perform or display, transform and modify, and/or adapt your contents in connection with the operation of the Services. You represent and warrant that you have the rights necessary to grant such a license. You further represent that your contents do not infringe the law or third-party rights or interests. Additionally, by submitting contents via the Services, you understand and agree that they are made publicly available.

 REVIEW AND DELETION OF CONTENT

MS has no obligation to monitor or review any content submitted by you. MS may review content submitted by you to determine whether it is illegal or whether it breaches these Terms. MS may at its sole discretion modify, prevent access to, delete, or refuse to display content it believes violates the law or these Terms.

MS may delete at any time any content that breaches these Terms, without prior notice and accepting no liability for any such deletion.

THIRD PARTY PLATFORM IMPLICATIONS

The Services may include functionality allowing you to access and post content to social media and third parties’ platforms regarding your activities related to the Services. You may choose whether to utilize this aspect of the Services. Using social media or third-party platform functions in conjunction with the Services will allow MS access to certain information that you make available through such platforms under the terms and conditions and privacy policies set forth by said parties.

COSTS

The payment of fees and costs associated with the Services is governed by the Payment Terms which are hereby included by reference in these Terms.

TERM AND TERMINATION

The term of these Services commences once an Account is created and lasts until the Account is terminated.

Any Account having pre-paid features shall be subject to a particular term which is selected when creating an Account, and shall automatically renew on monthly or annual periods, depending on the term contracted, unless you, at any time, decide to cancel renewal. In any such cases and except that you decide to cancel your entire Account, the subscription for which you have paid for will run for the entire contracted term, and your Account will be downgraded to a basic free Account.

You may terminate your Account at any time by using the account termination option. If you terminate your Account you may still be able to access the Site or the App, but you will not have access to the Services, features, and content that are available to Account holders. This may result in data loss.

MS reserves the right to terminate your Account under the conditions detailed in this Section. We are permitted to suspend or terminate your Account if you provide us untrue or inaccurate information when creating your Account, as well as when you fail to comply with any applicable law or these Terms. Account termination may result in data loss.

WAIVER OF RIGHT TO WITHDRAW

The Services are available upon creation of your Account. By creating your Account and expressly requesting the Services, you waive to your withdrawal right, if applicable.

NO WARRANTIES

The Services are provided “as is,” with all faults, and MS makes no express or implied representations or warranties, of any kind related to the Services. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you. You may have additional rights under your local laws that these Terms cannot change and, in any such cases, MS’ liability is limited in accordance with and to the extent permissible under said local laws.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, MS will not be liable for any consequential, incidental, exemplary, punitive, or special damages, including any damages to or for loss of data or privacy, revenue, profits, or property (including buildings, wiring, fixtures, devices, computers, peripherals, and animals) or for injury or death, arising from or relating to these Terms, your Account, or the Services.

MS’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, your Account, and/or the Services, will not exceed a total maximum amount equivalent to fees paid to MS in the last twelve (12) months preceding the date in which the damage took place.

The limitation of liability set forth in this Section shall only apply to the maximum extent permitted by law. This Section does not apply to gross negligence or willful misconduct.

 

Third Party Services

 

To ensure you are provided with high quality Service, we may use third-party service providers. Users understand that third-party providers act beyond our reasonable control. Accordingly, MS shall not be held liable for any damages caused by an action or omission attributable to third-party service providers

 

Third Party Information Collection

 

You understand that we do not control the use of any information collected by third parties by integrations you may choose to utilize in accessing and/or operating the Services. Accordingly, you understand and agree that MS shall not defend, indemnify or hold you harmless for any and all costs or damages arising from those third parties’ actions and integrations.

 

Third Party Intellectual Property

 

You shall not use any content for which you do not have authorization of the titleholders in conjunction with, or related in any manner with, the Services. MS is not responsible for any such content nor the actions you may take with respect of the content, and you shall not use third parties’ content unless you have first obtained the permission of its owner.

INDEMNIFICATION

You hereby indemnify to the fullest extent MS from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms or use of the Services.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

WAIVER

No waiver by MS of any breach of, or of compliance with, any condition or provision of this Agreement by you shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

CHANGING OF TERMS

MS is permitted to revise these Terms at any time as it sees fit, and by using this Service you are expected to review the Terms on a regular basis to ensure you understand all terms and conditions governing use of the Services. MS will provide reasonable prior written notice of any material changes to the Terms. If you do not agree to any change to the Terms, you shall stop using the Services. By continuing to use the Services, you agree to the updated terms.

ASSIGNMENT

MS shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained in the Services and on the websites utilized in accessing and using the Services, constitute the entire agreement between MS and you in relation to your use of the Services, and supersede all prior agreements and understandings with respect to the same.

GOVERNING LAW AND JURISDICTION

These Terms will be governed by and construed in accordance with the laws of the State of Texas, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.

CONTACTING US

If you have any questions about these Terms, the Services, or your dealings with this site, please contact us.

This document was last updated in March 2021.