IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS UNLESS YOU OPT OUT, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER IN SECTION 9 BELOW. THIS SECTION, WITH LIMITED EXCEPTION, REQUIRES YOU AND HOPIN TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION. PLEASE READ CAREFULLY.
These Hopin Terms of Service for Participants (the “TOS”) govern your access to or use of the Hopin family of products and services generally described at Hopin.com and its affiliate websites (Session.com, Streamyard.com, Streamable.com, Boomset.com, et. al.) and their associated online and offline services, products, software, mobile applications, information, networks, distribution channels, websites, content, components, APIs, SDKs, developer tools, and documentation (“the Services”) offered or made available by Hopin Ltd. or its parents, subsidiaries, and corporate affiliates (“Hopin” "we" "us" or “our")
This TOS and the Community Guidelines incorporated herein by reference form a legally binding contract between you and us.
“Account” means an account you may create as part of using the Services.
“Community” means a community facilitated by the community product forming part of the Services.
“Community Guidelines” means the Hopin Community Guidelines located at https://hopin.com/legal/community-guidelines that say what you can and cannot do while using Our products and services.
“Customer” means a company, entity, institution, organization, or individual, who has contracted with us as a customer of a free or paid Product, to use the Services for their own business purposes.
“Event” means an event, stream, webinar, meeting, or similar content that is published, stored on, or distributed from, the Services.
“Participant” means an individual that signs up for, is signed up for, or accesses, an Account - or an individual who attends, participates in, views, or interacts at, an Event or Community. Examples include without limitation, individual attendees and speakers, viewers of streams at third party destinations, agency personnel, and exhibitor personnel. “You”, “your” and similar terms in this TOS (whether capitalized or not) refer to the Participant.
1.1 Participant versus Customer
This TOS applies to Participants.
1.2 Participants Must Contact the Customer regarding their Events or Communities
Please contact the Customer directly for any issues related to an Event or Community. Events and Communities are organized and administered by the Customer, not Hopin. The Customer has full control over all aspects of their Event or Community.
The Customer is solely responsible for all aspects of their Event or Community, including without limitation:
The Customer may also block or revoke a Participant’s access to its Event or Community at any time and in its sole discretion. Hopin is a third party providing the Platform to facilitate the Event or Community. We are not responsible for the actions, content, or use of the Services by any other party.
Subject to this TOS, we grant you a limited, non-sublicensable license to access and use the Services:
You agree that you will not (unless you have our express prior permission):
2.3 Compliance with Applicable Law
You are solely responsible for ensuring Your use of the Services complies with applicable laws and regulations.
2.4 Account Creation
When you create an Account you agree to maintain the security of your login and password and your Account. You must not share your credentials without our prior written permission. If you are permitted to share your credentials or you fail to secure them, you are liable for all activity conducted under your Account. You represent and warrant to us that the Account you create is for you alone, and that all information that you provide in connection with your Account is accurate, truthful, current and complete.
3.1 As part of the Services, you or others may submit, share, post, or make available certain content and information, such as chat 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 authorize the use of Contributions as described herein. You must not imply that Contributions are in any way sponsored or endorsed by us.
We are not responsible or liable to you or any third-party for any Contributions (whether yours or provided by others) on the Service. We may reject or remove Contributions (such as Contributions that violate this TOS or our Community Guidelines), 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 Children’s Information
You may not use the Services to collect information from children under the age of 13. In respect of any Event or Community 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.
3.3 Limited License to Contributions
In connection with the Services, You grant to Hopin a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, prepare derivative works of, perform and display your Contributions in any form, format, media, and channel.
All intellectual property rights in the Services 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 this TOS.
If you provide feedback, comments or suggestions for improvements related to the Services, whether 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 Hopin may have something similar to the Feedback already under consideration or in development, and (ii) assign to Hopin 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 Hopin, its service providers, successors, affiliates, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to affect the foregoing assignment, waivers, or consents.
5.1 Limitation of Liability for all Participants 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. HOPIN AND ITS AFFILIATES 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) THIS TOS; (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 HOPIN 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 HOPIN’S OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF YOUR RELATIONSHIP WITH HOPIN, THESE TERMS, OR YOUR USE OF THE SERVICES, EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO HOPIN 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 HOPIN 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 FULLY TO NEW JERSEY RESIDENTS.
5.2 Limitation of Liability for all Participants who reside in the EEA and the United Kingdom
If we fail to comply with this TOS, 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 this TOS, both we and you knew it might happen.
5.3 Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS AND YOU USE THEM SOLELY AT YOUR OWN RISK. HOPIN AND ITS AFFILIATES DO 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 HOPIN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Therefore, WITHOUT LIMITING THE RELEASE OF LIABILITY:
The Services may contain links, referrals, or integrations to third party websites and services which are not provided by us. Additionally, Customers may use third-party applications either to support their use of the Services, or as part of their Event or Community experience. Such websites, services, and applications are not under our control, and we are not responsible for and have not reviewed or approved their content or their privacy practices. You will need to make your own independent judgment about whether to use them, including whether to buy any products or services offered by them.
7.1 You may terminate this TOS at any time by deleting your Account.
7.2 We can, in our sole discretion, terminate this TOS and/or your right to access or use the Services at any time, without notice, for any reason, including where we reasonably consider that (a) your use of the Services violates this TOS or applicable law; or (b) we are unable to continue providing the Services to you due to technical or legitimate business reasons. In the event of such termination:
7.3 Those provisions that by their nature are intended to survive termination or expiration of this Agreement shall so survive.
In order to use certain features of the Services, it may be necessary that you have compatible software (e.g., browser) or hardware (e.g., a microphone, headset, or mobile device) and access to the internet. You expressly acknowledge and agree that we are not responsible for satisfying these requirements, and that the quality of the Event, its content, and receipt and transmission thereof, may suffer as a result of incompatible software or hardware, and poor internet connection.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND HOPIN CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND HOPIN TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION IN COURT.
9.1 Contact Us First
If you have a question or concern about the Services, please contact us first. Our product support team will try to answer your question or resolve your concern.
9.2 Agreement to Arbitrate
In exchange for the benefits of the speedy, economical, and impartial dispute resolution procedure of arbitration, you and Hopin mutually agree to give up our right to resolve disagreements in a court of law by a judge or jury, and, as described below, agree to binding and final arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
You and Hopin agree that this arbitration agreement is governed by the Federal Arbitration Act, and shall survive even after this TOS or any of the Services terminate.
9.3 Claims Covered by Arbitration
Other than the exceptions in Section 9.5, you and Hopin agree that any disagreement, claim, or controversy arising out of or relating in any way to this TOS (including its enforcement, breach, performance, interpretation, validity, or termination), or your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Services (hereinafter, “Claims”), shall be resolved by final and binding arbitration to the fullest extent allowed by law.
9.4 Delegation to Arbitrator
If there is a disagreement about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and Hopin agree that this threshold disagreement shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disagreements.
9.5 Claims Not Covered by Arbitration
This arbitration agreement shall not require arbitration of the following types of claims: (1) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction; and (2) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. To the extent that either you or we elect to have a dispute resolved in small claims court after an arbitration is initiated, the party that initiated the arbitration agrees to dismiss or suspend the arbitration and seek to resolve the dispute in small claims court. You and we agree that any dispute regarding whether the dispute is properly within the jurisdiction of a small claims court shall be resolved by the small claims court in the first instance (unless it is unwilling to do so) and not the arbitrator or AAA, including in the situation where an arbitration is already initiated and one party invokes the small claims court option.
9.6 Class Action Waiver
Except as otherwise required under applicable law, you and Hopin agree to bring and resolve any Claims only on an individual basis, and not as a named-plaintiff or class member in any class or representative proceeding. You and Hopin acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Claims (hereinafter, “Class Action Waiver”). Further, the arbitrator may not consolidate more than one party’s claims and may not preside over any class, consolidated, or representative proceeding, unless you and Hopin agree otherwise in writing.
Notwithstanding any other provision of this arbitration agreement or the AAA Rules, specific disagreements about the scope, applicability, enforceability, revocability or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If there is a final determination that the Class Action Waiver is unenforceable as to certain claims brought on a class or representative basis, then those claims shall be severed from any remaining claims and may proceed in court, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to any remaining claims to the fullest extent possible.
9.7 Arbitration Rules, Procedures, and Costs
You and Hopin agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA. The arbitrator will apply the terms of this arbitration agreement and the applicable AAA rules, which are available at www.adr.org or by calling 1–800–778–7879. If you are an individual person, the arbitrator shall apply the AAA Consumer Arbitration Rules. If you are not an individual person, but are an entity or company, the arbitrator shall apply the AAA Commercial Arbitration Rules.
If you are an individual person and bring a claim solely for monetary relief of $10,000 or less: Hopin will agree to pay for any filing, administrative, or hearing fees charged by the AAA. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the AAA Consumer Arbitration Rules.
If you are an individual person and bring a claim for monetary relief exceeding $10,000: The AAA Consumer Arbitration Rules will govern payment of administrative or hearing fees charged by the AAA, including limiting your filing fee to $200. In addition, fee waivers or other forms of cost relief at the arbitrator’s discretion may be available. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the AAA Consumer Arbitration Rules.
If you are not an individual person: The AAA Commercial Arbitration Rules will govern payment of administrative or hearing fees charged by the AAA.
The arbitrator shall have the power to decide any motions, including dispositive or summary judgment motions, brought by any party to the arbitration. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court to resolve the party’s individual claim, including awards of attorney’s fees and costs, in accordance with the law or laws that apply to the Claim. The arbitrator shall provide in writing to the parties the basis for any award or decision. Judgment upon any award rendered in such arbitration will be binding and may be entered in any court with proper jurisdiction.
Except for the Class Action Waiver in Section 9.6 above, if any clause within this arbitration agreement is found to be illegal or unenforceable, that specific clause will be severed from this arbitration agreement, and the remainder of the arbitration agreement will be given full force and effect.
If you are an individual person, you have the right to opt-out and not be bound by this arbitration agreement by sending written notice to Hopin—clearly indicating your intent to opt out of this arbitration agreement and including the name, phone number, and email address associated with your account—via email ([email protected]) or U.S. Mail (Hopin US, Inc., Legal Department, 2810 N. Church Street, Wilmington, Delaware 19802). Your opt-out notice must be sent within 30 days of your agreement to this TOS.
If you do not opt-out of this arbitration agreement within the 30-day period, you and Hopin shall be bound by the terms of this arbitration agreement in full. If you opt-out of this arbitration agreement within the 30-day period, it will not affect any other, previous, or future arbitration agreements that you may have with Hopin.
9.10 Pre-Arbitration Notification and Negotiation Process
Prior to initiating an arbitration, you and Hopin each agree to first attempt to negotiate an informal resolution of any Claims covered in Section 9.2. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to Hopin via email to [email protected] with “LEGAL NOTICE” in the subject line; Hopin will send such written notice to the email address you have provided to Hopin.
During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.
After a good faith effort to negotiate, if you or Hopin believe a Claim covered in Section 9.2 cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the AAA Rules.
10.1 Contacting each other
For support with Hopin Events, Hopin Onsite, or Boomset, please visit Product Support. For support with Streamyard, please contact: [email protected]. For support with Session, please visit support.session.com.
If we have to contact or notify you, we will do so by the contact information you provided us or via notification in the Services or other reasonable method.
10.2 Changes to the Services
From time to time we may change the Services to improve performance, enhance functionality, or address security issues. We may also discontinue a Service or feature at any time. We will not need your consent to do this, and your continued use of the Services following the update will be subject to this TOS.
10.3 If someone else owns the phone or device you are using
If you use the Services on 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 this TOS, whether or not you own the phone or other device.
10.4 Changes to this TOS
We may change this TOS 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.
10.5 Assignment and Transfer
We may transfer or assign our rights and obligations under this TOS to an affiliated party of Hopin, its affiliates, or third party, with or without notice to you. You may not transfer your rights and obligations under this TOS to someone else without our prior written consent.
10.6 If a court finds part of this agreement illegal, the rest will continue in force
Each of the paragraphs of this TOS 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.
10.7 Even if we delay in enforcing this agreement, we can still enforce it later
Even if we delay in enforcing this TOS, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this TOS, 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.
10.8 Which laws apply to this contract and where you may bring legal proceedings
If your contact address is in the United States, New York State law governs this TOS, without reference to conflict of laws principles, and you can bring legal proceedings in respect of the products in a court of general jurisdiction in New York, New York. If your contact address is not in the United States, this TOS is governed by English law, and you can bring legal proceedings in respect of the products in the English courts.
We may take proceedings against you in any other court of competent jurisdiction, and the taking of proceedings in any one or more jurisdictions will not preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
10.9 Where other language versions of this document exist, the English version will control.
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