Terms and Conditions
LivingTradeshow.com (the "Site") is a web-based solution that allows users in the tradeshow ecosystem to exchange useful information, eliminate paper marketing materials, increase qualified lead generation, and extend the exposure time of an event. The Site is owned and operated by Crick Information Technologies, Inc. ("us" or "we").
These Terms and Conditions (the "Agreement") set forth the legally binding terms for your use of the Site and any of its tools, contents, resources, features and applications (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (simply browsing the Site without registering) or a "Member" (promotors, exhibitors or attendees who have registered with the Site). The terms "User" and "you" refers to both Visitors and Members.
1. Term. This Agreement shall remain in full force and effect while you use the Services and the terms and provisions will survive the termination of your membership.
2. Fees. We reserve the right to charge a reasonable fee for Services. If a fee is charged, the fee may be amended from time to time in our sole discretion. If we terminate your membership due to your breach of the Agreement, you shall not be entitled to any refund of your previously paid fees.
3. Protection of Passwords and Accounts. You are solely responsible for maintaining the confidentiality of your password. You agree to notify us immediately upon suspicion of any unauthorized use of your or any other Member's account or password.
4. Proprietary Rights.
a. User Content. We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post in your profile or elsewhere on the Site.
b. Limited License. You grant to us a limited non-exclusive, fully-paid, royalty-free, sub-licensable and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute your Content solely on and through the Services. This license will terminate upon your removal of your Content from the Services.
c. Certifications. You represent and warrant that: (i) you own the Content posted by you on or through the Services and have the right to grant the license set forth above, and that (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you.
d. Our Content. Any and all Content owned by us is protected by copyright, trademark, patent, trade secret and other applicable laws. We grant you a limited, revocable, non-sub licensable license to reproduce and display the our Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services. LivingTradeshow is a trademark of Crick Information Technologies, Inc.
5. Liability Over Members' Content. Members are solely responsible for the Content that they post on or through any of the Services, including all materials that they transmit to other Users. We do not necessarily support or endorse or review the Content posted by Users and we make no warranties, express or implied, as to the Content or to the accuracy and reliability of the User-provided Content or any material that you transmit to other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
6. Prohibited Content. You are prohibited from posting, uploading, emailing or otherwise transmitting any content or including any material in your Site profile that in our sole discretion is deemed to contain nudity, obscene, lewd, excessively violent, harassing, abusive, defamatory, threatening, sexually explicit, exploitive, hateful, or ethnically or racially or otherwise objectionable and/or unlawful subject matter. You are also prohibited from posting, uploading, emailing or otherwise transmitting any content that solicits personal information from anyone under 18; involves the transmission of "junk mail," "spam"; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities. Any content displaying or representing illegal activity is strictly prohibited, including harassment, stalking, spamming, spimming, sending of viruses or other harmful files; infringement or theft of trade secrets; any automated use of the system, such as using scripts to add individuals or send comments or messages; interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the Services in order to harass, abuse, or harm another person; or using the Services in any manner inconsistent with any and all applicable laws and this Agreement. If you become aware of any violations by any person, please email us at: email@example.com. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these prohibitions. We reserve the right, in its sole discretion, to reject, refuse to post or remove any posting or Content (including private messages), or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Services if we determines, in our sole discretion, that you pose a threat to the Site and/or its Users.
7. Copyright Policy. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Please direct any notices of claimed intellectual property infringement to: firstname.lastname@example.org.
8. Disclaimers. We are not responsible for any inaccuracies posted on the Site or in connection with the Services by either us or any of its Users. Further, we are not responsible for any inaccuracies or opinions contained in the websites to which Members have linked their profiles. We take no responsibility for third party advertisements, which are posted on the Site or through the Services, or for the goods or services provided by our Members. We are not responsible for the conduct, whether online or offline, of any User. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
9. Limitation on Liability. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. NOTWITHSTANDING THE ABOVE, OUR LIABILITY TO YOU FOR ANY CAUSE, WILL BE LIMITED TO THE ACTUAL AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES.
10. U.S. Export Controls. The Services are hosted in the U.S. Software available in connection with the Services is subject to United States export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws.
11. Disputes. All legal disputes between you and us and our affiliates shall be governed by the laws of the State of Minnesota, USA , without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Minneapolis, Minnesota.
12. Indemnity. You agree to indemnify and hold us and our affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Site or through the Services causes us to be liable to third party.
13. Additional Terms. Users may be required to accept additional terms and conditions when downloading software or content when utilizing some Services. Unless otherwise provided by the additional terms and conditions, those additional terms are hereby incorporated into this Agreement.
14. Modification. We may, at its own discretion, modify this Agreement. The modification shall become effective immediately upon posting by on the Site. Users agree to be bound by any such modifications to this Agreement. Therefore, it is advised that Users review this Agreement on a regular basis so that you are aware of any changes.
15. Other. This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. The failure by us to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
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