THE 2024 Pickleball Summit THE 2024 Pickleball Summit

THE 2024 Pickleball Summit 'Additional Terms of Service'

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 ("THE 2024 Pickleball 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.

PLEASE READ THESE ADDITIONAL TERMS CAREFULLY BEFORE USING THIS WEBSITE OR ATTENDING OR OTHERWISE PARTICIPATING IN THE PICKLEBALL SUMMIT. By using this website or attending or otherwise participating in THE Pickleball Summit, you consent to these Additional Terms. If you do not agree to these Additional Terms, please do not use the website or attend or otherwise participate in THE Pickleball Summit. Your access to and use of this website or attendance at, or other participation in THE Pickleball Summit (collectively the “Summit”) is subject to the following terms and conditions (“Additional Terms”) as well as all applicable laws. By accessing and browsing the Summit, you accept the Additional Terms without limitation or qualification and acknowledge that any other agreements between you and the Summit are superseded and of no force or effect:

The Host of The 2024 Pickleball Summit is VIPickleball, LLC, a Florida limited liability company d/b/a Better Pickleball (the “Company” or “Host” or “Us” or similar).

You agree that the Summit itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Summit by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Company and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Summit, excluding only the materials you provide (unless you have otherwise granted the Company rights therein). Subject to your compliance with these Additional Terms, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Summit solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Summit or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company. As used herein, “permission of the Company” means written permission granted by the Company’s Managers then on file with the Florida Department of State.

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Summit, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Additional Terms.

All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Summit, including without limitation the name and trademark, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Additional Terms. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Additional Terms or in the Summit shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third-party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Additional Terms. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Summit or in any Content in any way, you may notify Company at [email protected] with a copy to VIPickleball, LLC, 4319 E. 7th Ave, Tampa FL 33605 ATTN: Legal. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

While the Company uses reasonable efforts to include accurate and up-to-date information in the Summit, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Summit.

The statements of Summit presenters or any other third party during the Summit (collectively, the “presenters”) are made by the presenter and are not statements by The Pickleball Summit or the Host. Any transactions between you and any presenter are between the two of you and not The Pickleball Summit or the Host.

The Host endeavors to provide a positive Summit experience to all participants. Notwithstanding Host’s efforts, there exist conditions, both within and without Host’s control, that impact the Summit, including the participant’s experience. The Host retains the ability to modify the Summit, including days, times, order of presentation, removal of presentations, addition of presentations, and such other matters as Host deems appropriate for the conduct of the Summit. In no event will Host be liable for any claim from a participant regarding Summit experience or anything else regarding the Summit. In the event that the preceding sentence is not enforced, and in all events, Host’s maximum liability shall be a refund of any amounts paid by participant in connection with the Summit. All other terms of these Additional Terms regarding damages and liability shall remain applicable.

When you register with the Company and/or this Summit, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Summit and Company. You consent to receive notices electronically by way of transmitting the notice to you by email. You may refer to the Company’s Privacy Policy for questions regarding how your information is gathered, stored and used.

If you send any written communication to the Company, including emails, testimonials, comments and suggestions (whether about the Summit, Company, any product or service, or other matter), including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Summit. Use of the Summit is completely at your own risk.

The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Additional Terms. By using the Summit, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use the Website or attend or participate in the Summit.

The activities described in the Content include movement, and other physical activities. The Company cannot know whether any activity described or shown in the Content is suitable for you. The Content is not intended to contain medical advice or treatment. If you are in doubt as to whether any of the Content is suitable for you and your physical condition, consult with your health care provider. You use the Content understanding and accepting the risks inherent in physical activities, including conditioning and pickleball.

Links provided within the Summit may allow you to connect to other websites and services that are not under our control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.

IN NO EVENT SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SUMMIT AND/OR ANY CONTENT ON THE SUMMIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SUMMIT, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SUMMIT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SUMMIT, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SUMMIT, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SUMMIT ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SUMMIT AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE ADDITIONAL TERMS, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SUMMIT AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SUMMIT AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY.

LIMITATION OF LIABILITY. IN ANY EVENT, YOUR MAXIMUM DAMAGES SHALL BE A REFUND OF ANY AMOUNTS PAID TO THE COMPANY.

You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Additional Terms, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Summit, (iv) your use of the Website, attendance or other participation in the Summit or any services that the Company may provide, and (v) your conduct in connection with the Summit or the services or with other users of the Summit or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section, without affecting the Company’s right to seek indemnification thereof. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

Summit Host Identification.  The Host of the Summit is VIPickleball, LLC, a Florida limited liability company d/b/a Better Pickleball, with an address of 4319 E. 7th Ave, Tampa FL 33605. To file a complaint regarding the Summit or to receive further information regarding the Summit (where appropriate or required by applicable law), send a letter to the above address or contact us via e-mail at [email protected] with the subject line “Summit Information Request – ATTN Legal”. For California residents, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916-445-1254 or 800-952-5210. The foregoing notice constitutes compliance with California Civil Code Section 1789.3.

See below for further Additional Terms covering:

All-Access Passes

The further Additional Terms below are part of these Additional Terms and are included herein as is fully restated here.

The provisions of these Additional Terms are for the benefit of the Company, its subsidiaries, affiliates, managers, agents, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

These Additional Terms and your use of the Content and Summit shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Hillsborough County, Florida. If any provision of these Additional Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Additional Terms and shall not affect the validity and enforceability of any remaining provisions.

These Additional Terms may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Additional Terms to which you are bound.

Last Updated: May 19, 2023.

All-Access Pass Terms

All-Access Pass is an optional product offered by the Host to allow Summit participants to receive extended access to the Summit presentations and such other additional benefits as Host may provide from time to time (as detailed more below for each). Purchase of an All-Access Pass is not a condition to attendance at the Summit during the dates and times that the Summit presentations are generally available for viewing, as determined by the Host.

An All-Access Pass holder (“Holder”) will have the ability to view 2024 Summit presentations until July 15, 2025. Regular service interruptions due to third-party software provider maintenance and similar are normal and expected during this period but should not materially impact Holder’s access.

In the event Holder is dissatisfied at any time, Holder may provide notice to Host at [email protected] and request a refund. The Host’s policy is to honor all refund requests, except in the case that Host deems the request to be improper (as an example, Holder has viewed several videos over a long period of time). In all events, Holder’s maximum recovery is the amount paid by Holder for the All-Access Pass.

Host may modify these All-Access Pass Terms, in which case Holder may request a refund, to be processed as provided above.

These All-Access Pass Terms are part of the Additional Terms and are incorporated therein.

HeySummit is not responsible for any part of the above Additional Terms and is only responsible for the Core Terms of Service stated hereunder:


HeySummit's Core Terms of Service

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 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.

1. Who these terms apply to - read carefully!

You are subject to these User Terms (a “User”) if:

  • You are a “Participant” which is defined as any individual or entity that signs up for, or accesses a HeySummit account, or who attends, participates in, or interacts at, an Event. Examples include without limitation, individual Event attendees and speakers; or
  • You are a “Team Member” which is defined as any individual or entity that is affiliated with the Host (see below) and that uses or accesses the Services in any way. Examples include without limitation, event managers, agencies, consultants, contractors, sponsors, and exhibitors.

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.

1.1 HeySummit’s role

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).

1.2 Host’s responsibilities

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:

  • if an Event is cancelled;
  • for how an Event is run;
  • for ticket and merchandise sales and donation handling;
  • for marketing activities related to the Event;
  • for promotions, contests, and sweepstakes offered in connection with the Event;
  • for informing Participants of any relevant policies and practices and securing agreements and consents with its Participants including but not being limited to additional privacy statements and additional terms of service;
  • for any content produced or provided;
  • Ensure that the adequate permission is sought by each and every Participant when creating an account on their behalf and that You act in compliance with GDPR when using the Platform;
  • for any activities carried out during an Event; and
  • for monitoring and managing the conduct of Users.

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.

2. Right to use HeySummit

2.1. License

Subject to these User Terms, We grant You a limited, non-sublicensable license to access and use HeySummit:

  • where You are a Team Member, for the internal business purposes of the Host only, to create, organise and host Events on HeySummit; and
  • where You are a Participant, to attend and participate in Events for Your personal, non-commercial purposes only, subject to any Additional Terms of Service imposed by the Host.

2.2 Restrictions

You agree that You will not (unless You have Our express prior permission):

  • violate Our Community Guidelines
  • reproduce, duplicate, copy or resell any part of the Services or related content;
  • resell, rent, lease, sub-license, loan, provide, distribute, or otherwise make available, Your right to use or access HeySummit or any part of it, in any form, in whole or in part to any person without prior written consent from us or in respect to Event content except as permitted by the Host;
  • disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of HeySummit or any content on it nor attempt to do any such things, except to the extent permitted by law;
  • copy, translate, merge, adapt, vary, alter or modify, the whole or any part of HeySummit or any content on it, nor permit HeySummit or any part of it to be combined with, or become incorporated in, any other programs or channels, except as necessary to use HeySummit as permitted in these User Terms;
  • use HeySummit maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into HeySummit or any operating system;
  • use HeySummit in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other Users, including by removing, circumventing, damaging or otherwise interfering with security-related features that prevent or restrict use or copying, pasting, printing, downloading or sharing of any content, or that enforce limitations on the use of the Services or related content;
  • access, collect, harvest or modify any information, content or data related to the Services using any robot, spider, scraper or other automated means or any manual process for any purpose, or attempt to decipher any transmissions to or from the servers running HeySummit;
  • access, search or create accounts for HeySummit by any means other than Our publicly supported interfaces (e.g. “scraping” or creating accounts in bulk);
  • access without authority, interfere with, damage or disrupt any part of the Services, any equipment or network on which the Services is stored, any software used in the provision of the Services, or any equipment or network or software owned or used by any third party;
  • use another user’s information (including email addresses) to contact them outside of HeySummit without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information for other Users for use outside of HeySummit; and
  • impersonate someone else to create an account, create or use an account for anyone other than Yourself, permit anyone else to use Your account, or provide personal information for purposes of account registration other than Your own.

3. Contributions and Personal Data

3.1

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.

3.2 Personal data in Contributions

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.

3.3 Children’s Data

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.

3.4 Limited License to Contributions

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.

4. Intellectual property rights

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.

5. Promotional activities

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.

6. Limitation of Liability

6.1 Limitation of Liability for all Users who reside outside of the EEA and the United Kingdom

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.

6.2 Limitation of Liability for all Users who reside in the EEA and the United Kingdom

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.

6.3 Disclaimer of Warranties

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:

  • to the fullest extent permissible by law, HeySummit hereby disclaims and make no representations, warranties, endorsements, or promises, express or implied, as to: (i) the services (including Contributions); (ii) the functions, features, or any other elements on, or made accessible through, the services, including whether the services will be available at any particular time or location; (iii) whether information or instructions offered or referenced at or linked through the services is accurate, complete, correct, adequate, useful, timely, or reliable; (iv) whether the services or the servers that make the services available are free from any harmful components; and (v) whether Your use of the services is lawful in any particular jurisdiction.
  • THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. HEYSUMMIT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
  • IN NO EVENT SHALL HEYSUMMIT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND OR INJURIES ARISING FROM THE SERVICES; AND
  • YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, HEYSUMMIT IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (C) YOUR BREACH OF THESE USER TERMS AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU OR ANY THIRD PARTY.

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.

6.4 Please back-up Your Contributions and personal data

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.

6.5 Check that the Services are suitable for You

The Services have not been developed to meet Your individual requirements. Please check that the facilities and functions of HeySummit meet Your requirements.

6.6 We are not responsible for events outside Our control

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.

6.7 We are not responsible for third party websites and services

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.

7. Termination

7.1 You may terminate these User Terms at any time by deleting Your HeySummit User account.

7.2

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:

  • HeySummit revokes any licenses granted to You hereunder;
  • You must stop all activities authorised by these User Terms, including Your use of HeySummit.
  • You must delete or remove HeySummit from all devices in Your possession and immediately destroy all copies of HeySummit which You have and confirm to us that You have done this.
  • We may take all steps necessary to prevent You from accessing or using HeySummit including suspending Your HeySummit User account.

8. Technical requirements

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.

9.Other important terms

9.1 Contacting us

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.

9.2 Updates to HeySummit

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.

9.3 If someone else owns the phone or device You are using

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.

9.4 Changes to these User Terms

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.

9.5 Assignment and Transfer

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.

9.6 If a court finds part of this agreement illegal, the rest will continue in force

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.

9.7 Even if we delay in enforcing this agreement, we can still enforce it later

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.

9.8 Which laws apply to this contract and where You may bring legal proceedings

These User Terms are governed by English law, and You can bring legal proceedings in respect of the products in the English courts only.

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