The following Additional Terms of Service (the "Additional Terms") have been added by the Event Organiser and are specific and in relation to this Event ("Virtual Soap & Natural Skincare Summit") only. These Additional Terms set out the relationship between you (an attendee of the Event) and the Event Organiser; these Additional Terms govern your attendance of the Event.
What is Live Soap School? Live Soap School, LLC, is a Pennsylvania limited liability company, (hereinafter “Live Soap School” or “We/Us/Our”) provides services, products and information via our website (located at https://livesoapschool.com, https://livesoapschool.com/courses/), our Facebook Pages (located at https://facebook.com/livesoapschool, Instagram (located at https://instagram.com/livesoapschool, YouTube (located at https://youtube.com/zakiaringgold and other platforms which may be added or removed at any time. Collectively, these sites are referred to as the “Platform(s)” and include all versions accessible through all devices (such as mobile and desktop apps, web browsers, etc.)
All Users Agree to Our Terms & Conditions All visitors (hereinafter, “User(s)”, “You” or “Your”) to our Platforms are subject to the terms, conditions and notices set forth in these Terms and Conditions (the “Terms & Conditions”). Purchasers of Our products or subscribers to Our services may be subject to additional rules applicable to such transactions. These Terms & Conditions may be amended from time-to-time.
By using Our Platforms, purchasing Our products (physical and/or digital) or subscribing to Our services, You accept these Terms & Conditions and agree to comply with all of its provisions.
If You do not wish to accept these Terms & Conditions, DO NOT USE OUR PLATFORMS, PURCHASE OUR PRODUCTS OR SUBSCRIBE TO OUR SERVICES.
All Users Agree to Our Privacy Policy You agree to the terms of our Privacy Policy set forth at https://livesoapschool.com/pricvacy-policyand as may be amended from time-to-time.
Purchases and Subscriptions We provide products in the form of physical goods and downloadable digital products. We also provide access and subscriptions to courses and course materials. Collectively, we refer to our products, services, courses, and subscriptions as “Our Products.” All purchasers of any of Our Products agree to the following conditions for any paid transaction with us (hereinafter, “Payment Terms”). You warrant and represent that you are authorized to use any payment method you provide to us (such as PayPal accounts or credit cards). You agree to indemnify us against losses we may sustain as a result of any breach of this warranty. We use third-party vendors to process payments for Our Products. These vendors are currently PayPal and Stripe. Visit https://PayPal.com and https://Stripe.com to view these vendors’ specific privacy policies and terms and conditions. Our Privacy Policy applies only to data over which We have control. Our Products that are sold and distributed in a digital format are non-refundable, including any subscriptions for a series of courses or memberships in any discussion groups or other online communities. Our Products that are physical goods (“Physical Products”) are refundable if returned to Us in unused condition within 30-days following delivery to You. Physical Products must be in the same condition in which You received them and must be returned in the same packaging with any labels remaining (not removed). You are responsible for the costs of any shipping for any returns. Within 30 days following receipt of any returned Physical Product, we will issue a refund of the purchase price of the Physical Product via the same payment method that was used to purchase the Physical Product. All shipping costs are not refundable and remain Your responsibility.We reserve the right to change the costs of our Products at any time. Please check with our Platforms for the latest pricing.
Conduct of Users Users of Our Platforms understand and agree that Our Platforms may only be used for lawful purposes and in accordance with these Terms & Conditions.
Users of Our Platforms represent that You are of legal age and capable of forming a binding contract with Us. These Terms & Conditions are a binding contract.
Prohibited Conduct. Users of Our Platforms understand and agree that You will not engage in any of the following conduct (collectively, “Prohibited Conduct”).
You will not violate or encourage the violation of any local, state, national, or international law or regulation. You will not collect or store personal data about other Users of our Platforms or solicit personal information from any other Users of our Platforms. You will not act in any manner which will cause other Users to believe that You are any other person or entity other than who You actually are, or cause other Users to believe that You represent any other person or entity other than who You actually represent. You will not submit or distribute any so-called “spam” or “junk mail” or “chain letters” or otherwise promote any commercial endeavor. You will not solicit money, goods or services for private gain. You will not disrupt or interfere with the security or use of our Platforms. You will not damage our Platforms through the submission or use of any damaging software or other actions. You will not use or attempt to use any other User’s account or identity. You will not attempt to gain unauthorized access to any User’s account or to any of Our Platforms. You will not engage in any conduct that may interfere with any User’s or third-party’s ability to access or enjoy Our Platforms. You will not assist any third-party in engaging in any Prohibited Conduct. Links to our Platforms. You may provide links to the home page of Our Platforms, but not to any other content within Our Platforms. You may not provide links that frame Our content. You may not provide links in a manner that may damage Our reputation or that might indicate any form of association with Us or endorsement by Us.
Content Submissions Ownership. You agree that any content submitted by You at anytime to or through any of Our Platforms (hereinafter, “Submitted Content”) becomes Our sole and exclusive property. Submitted Content includes, but is not limited to, questions, comments, e-mails, chats, messages or other writings, photographs, audio and/or video recordings, and all other content in any medium of expression. In the event that these Terms & Conditions, in the applicable jurisdictions, do not convey all rights to any Submitted Content, then you hereby grant to us a non-exclusive, royalty-free, perpetual, transferable, and sub-licensable license to copy, transmit, use, create derivative works from or otherwise exploit all Submitted Content. You hereby waive any moral rights (Droit Moral) you may have to such Submitted Content and agree that You waive any claims You may have under any theory of law or equity regarding Our use in any manner of any Submitted Content. In addition, all Submitted Content is deemed to be, and warranted by You to be, non-confidential and non-proprietary. By providing Submitted Content, You agree that We may use, disclose or otherwise exploit the Submitted Content in any manner. You also agree that We are not responsible for the conduct of other uses of Our Platforms or any third parties with whom You or We share Your Submitted Content. Prohibited Content. Submitted Content shall not contain any of the following (hereinafter, “Prohibited Content”) and You agree not to submit any of the following Prohibited Content: Submissions that promote any commercial activity other than commercial activity provided through Our Platforms. Submissions that are illegal, promote or advocate illegal activity or otherwise violate the criminal or civil laws of any jurisdiction. Submissions that are libelous, slanderous, defamatory, abusive, offensive, inflammatory or otherwise objectionable. Submissions that are intended to harass, vilify or annoy any third-party. Submissions that are discriminatory against any individual on the basis of any personal characteristics. Submissions that are indecent, pornographic or otherwise contain sexually explicit material or language. Submissions that infringe on any copyright, trademark, patent, trade secret or other intellectual property or other rights of any third party. Submissions that infringe on the personal rights of any individual including, but not limited to, any rights of privacy or publicity. Submissions that purport to originate from any individual or entity other than the individual actually submitting the content. Termination of Access. We reserve the right to suspend, restrict or revoke access to our Platforms to any User at any time in the exercise of Our sole discretion. Cooperation with legal process. We reserve the right to assist law enforcement in the investigation of any crime or occurrence and to cooperate with any legal process in the exercise of Our sole discretion. Participation in Events From time-to-time, We may offer events in which attendees of Our events may interact with one-another and/or with Our staff and/or with Our invited guests. If You attend or participate in any of these events, whether by attending in person or through any of Our Platforms, You agree to the following terms and conditions. If You do not agree, do not attend these events.
Prohibited Content. You agree not to submit any Prohibited Content as defined in these Terms & Conditions. Termination/removal. You may be removed from any event in the exercise of Our sole discretion. Appearance Release. You agree that We may record any appearance by You at any event (whether Your appearance is in person or through any of Our Platforms), which appearance may include Your name, likeness, photograph, voice, dialogue, sounds, biographical information, personal characters or other personal identification captured by Us or submitted by You during the course of an event (collectively, such data is “Your Appearance”). We may use or otherwise exploit Your Appearance, along with any Submitted Materials as defined in these Terms & Conditions, in any manner throughout the universe, in perpetuity, and in any and all media now known or hereafter devised, without any monetary compensation to You whatsoever. You understand that any dispute regarding the use of Your Appearance will be subject to the Dispute Resolution provision set forth in these Terms & Conditions. In the event that any Arbitrator or other tribunal finds that Our use of Your Appearance requires compensation, You agree that We may use Your Appearance in any manner for the sum of five-hundred United States dollars which payment shall constitute a retroactive license. Intellectual Property Our Rights. Our Platforms and the entire content appearing in Our Platforms including all text, images, software code, Submitted Content, audio and video and the design, layout, functionality and features of Our Platforms (collectively, “Our Materials”) are owned by Us, Our licensors of Our Materials and other providers of Our Materials. Our Materials are subject to the laws of the United States and other jurisdictions via statute, treaty or otherwise. Such laws include those governing copyrights, trademarks, patents, trade secrets and other intellectual property rights (hereinafter, collectively, “Our Rights”). We reserve all of Our Rights to Our Materials. You are permitted to use Our Platforms solely for the non-commercial uses described in connection with our products and services. No grant of Our Rights is expressed or implied in any use of or transaction through Our Platforms. Any license to Our Materials, expressed or implied, is subject to revocation at will in the exercise of Our sole discretion. No License. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit Our Materials except as may be permitted for specific content as part of a transaction involving Our services. You may not use any of Our Materials or Our trademarks, logos or tradenames without Our express, prior, written permission. Third Party Rights. Some content appearing in our Platforms may be owned by third parties and are licensed for use by Us. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit any third-party content except as may be permitted for specific content as part of a transaction involving Our services. Trademarks and trade names of third parties remain the ownership of those third parties and may not be used without the permission of their respective owners. Allegations of Infringement (DMCA). If You believe that any of Our Materials violates Your copyright(s) or other rights, You may request removal of those materials from Our Platforms by submitting written notice in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Your notice must include the following: Your name, address and contact information. A copy of the work(s) You believe are being infringed upon within Our Platforms. A readily identifiable description and location with Our Platforms of the work(s) You believe are infringing. A statement signed by You attesting that You are acting on behalf of the copyright owner and that You believe, in good faith, that that the works You identified as infringing are being used without authorization. Send your DMCA Notice to: Copyright Agent Live Soap School PO Box 1440 Lansdowne, PA 19050 Limitation of Liability As-Is / As-Available. All of Our Platforms and Our Materials are provided to You on an as-is and as-available basis. We provide no guarantee that Our Platforms or Our Materials will be available at any given time or through any given device. No Warranties expressed or implied. Your use of Our Platforms and Our Materials is at Your own risk. We make no warranty, express or implied, regarding Our Platforms, Our Materials or the accuracy, applicability, or usability of Our Materials for any purpose. We make no warranty that use of Our Platforms is free of viruses or other harmful or incompatible software that may damage any device on which You view Our Platforms or Our Materials. We disclaim any and all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for any particular purpose. Not liable for content. You assume any risk associated with any reliance You place on Our Materials whether such content is provided by Us or by any Users of Our Platforms or any other third-parties. No Legal Advice. Our Materials are not to be construed as legal advice in any manner. You should consult an attorney of Your choosing regarding any legal matter that You may have and not rely on any of Our Materials in making any decisions or taking or refraining from any actions. Opinions expressed are of individuals. Our Materials may contain opinions regarding a particular subject. In such event, the opinions expressed are those of the individual authors of those materials and are not to be construed as Our opinions. We are not responsible for any such opinions. Third-Party Links. We are not liable for any content or otherwise contained on any website or otherwise that You may encounter when following any link to any third-party. Limitation of Damages. To the maximum extent permitted by law, in no event shall Live Soap School, its licensors, licensees, affiliates or partners, or the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same be liable for any special, punitive, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages arising from loss of use, loss of data, loss of profits, or any other such damages under any theory of liability, arising out of or in connection with the use of Our Platforms or Our Materials. You are solely responsible for any loss, claims or damages arising from any of Your Prohibited Conduct or Prohibited Submissions. Indemnification You agree to indemnify and hold harmless Live Soap School, its licensors, licensees, affiliates or partners, and the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same, from and against any claim arising from or related to Your breach of these Terms & Conditions and/or Your Prohibited Conduct and/or Your Prohibited Submissions.
Updates to Terms & Conditions and Privacy Policy From time-to-time as Our Platforms and Our Materials evolve, we will update our Terms & Conditions and Privacy Policy. You agree to confirm that You have read and understood our most up-to-date Terms & Conditions and Privacy Policy prior to each occasion in which you access Our Platforms and Our Materials. We will post the date on which Our Terms & Conditions and Privacy Policy have been updated at the top of Our Terms & Conditions and Privacy Policy. We are under no obligation to provide you an e-mail or other notice regarding any updates to Our Terms & Conditions or Privacy Policy. Your continued access to Our Platforms and Our Materials constitutes consent to, and agreement with, these changes.
Dispute Resolution In the unlikely event that You have a dispute with Us regarding Your use of Our Platforms or Our Materials, regarding or Our products, services, subscriptions or memberships, Our Privacy Policy, Our Terms & Conditions, Your relationship with Us (contractual or otherwise) or any other claim (collectively, “Disputes”), and we are unable to resolve that dispute through informal communications between Us, You agree that any such Disputes will be subject to the following dispute resolution:Any Disputes shall be resolved by binding arbitration before a single arbitrator in accordance with the then-existing rules of the California Lawyers for the Arts, Arts Arbitration and Mediation Service. (See: https://www.calawyersforthearts.org/arts-arbitration–mediation-services.html. In the event that such arbitration service is no longer operating, then the Arbitration service of the American Arbitration Association shall substitute. Venue for any such dispute shall be the County of Los Angeles and California laws shall apply. You further agree that this dispute resolution mechanism shall be Your sole means to seek a remedy for any Dispute and that You will not engage in any class action or other collective action regarding any Dispute You may have with us. You understand that by voluntarily providing information to Us, by using Our Website or by otherwise engaging in any transaction with Us involving Our products or services, that You are waiving any rights to a trial by jury or to join any collective or class action litigation involving any Dispute.
Additional Legal Terms Integration. These Terms & Conditions along with Our Privacy Policy and any specific additional terms related to any specific transaction(s) regarding our products, services or subscriptions (collectively, “Our Agreement”), constitute the entire agreement between You and Us and supersede all prior and contemporaneous understanding, agreements, representations and warranties, written or oral. You may not make any changes to these agreements without Our written consent. Severability. If any provision(s) or term(s) of Our Agreement are held by any tribunal to be invalid or unenforceable, the provision or term shall be deemed modified and interpreted in a manner so as to achieve the intent of the original provision or term. All other provisions and terms of Our Agreement shall remain in full force and effect.No Waiver. No waiver of or failure to enforce any particular instance of any breach of Our Agreement shall be deemed a continuing waiver of any provision or of any subsequent breach of Our Agreement. Injunctive Relief. You agree that any breach or threatened breach of Our Agreement will damage Us in a manner that will render damages at law to be inadequate. Accordingly, You acknowledge that We may bring an action for injunctive relief against You for any breach or threatened breach of Our Agreement in addition to any action for monetary or other damages. We may bring such an action for injunctive relief in any court of competent jurisdiction or before an arbitrator selected under this Agreement. Injunctive Relief Waiver. You, as a condition of entering into Our Agreement, hereby waive any right to seek injunctive relief in any form that may impair or impede the display, distribution or other exploitation of Our Materials and under no circumstances shall You be entitled to equitable relief or to restrain or enjoin the use of Our Platforms or the distribution of any of Our Materials. Our Successors-in-Interest. Our Agreement shall inure to the benefit of any of Our successors-in-interest. You agree that We may transfer any and all data that You have submitted to Us or that We have collected from You to our successors-in-interest, without notice. Our successors-in-interest shall be subject to Our Privacy Policy.
HeySummit is not responsible for any part of the above Additional Terms and is only responsible for the Core Terms of Service stated hereunder:
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 www.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.
You are subject to these User Terms (a “User”) if:
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.
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).
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:
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.
Subject to these User Terms, We grant You a limited, non-sublicensable license to access and use HeySummit:
You agree that You will not (unless You have Our express prior permission):
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
The Services have not been developed to meet Your individual requirements. Please check that the facilities and functions of HeySummit meet Your requirements.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
These User Terms are governed by English law, and You can bring legal proceedings in respect of the products in the English courts only.