ATIV Software (“ATIV”) is committed to protecting your privacy. This privacy policy explains many of the data collection and use practices of ATIV’s Services (the "Service"). By using the ATIV Software’s Website or the EventPilot Platform, you agree to the privacy policy.

ATIV offers Services, including but not limited to the EventPilot Platform and Website, on behalf of its customers or partners. Any personal information you provide through the Service may be shared with the customer or partner who has engaged ATIV to provide this service, unless explicitly stated otherwise. Please consult with ATIV’s customer or partner for information about how they handle your personal information.

This disclosure focuses on features that communicate with the Internet and is not intended to be an exhaustive list.  This Service is not intended for the use of children and will not knowingly collect any personal information from children.

Collection, use, and sharing of personal information

When using or registering with the Services, personally identifiable information such as email and name may be collected. ATIV may collect and use your personal information to provide, operate, and improve the Service including but not limited to service capacity planning, anticipating, diagnosing, supporting or resolving problems that might limit or disrupt the Services, internal purposes such as auditing, data analysis, and research to improve the quality of the Service.

ATIV may also use your personal information to provide you with important information about the product or service that you are using, including updates and notifications.

ATIV occasionally will hire other companies to provide limited services on our behalf, such as technical support, transaction processing, or statistical analysis. We will only provide those companies the personal information they need to deliver the service, and they are prohibited from using that information for any other purpose.

Information that is collected by or sent to ATIV may be stored and processed in the United States or any other country in which ATIV or its affiliates, subsidiaries, or agents maintain facilities, and by using an ATIV site or service, you consent to any such transfer of information outside of your country.

ATIV may disclose personal information about you if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ATIV; (b) protect and defend the rights of ATIV (including enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of ATIV employees, users of ATIV sites, products or services, or members of the public.

Standard wireless carrier rates may apply for any messages received from ATIV if the email address you provide us is an email address that you access via a wireless device. You also represent that you are the owner or authorized user of the wireless device on which the messages may be received, and that you understand and are authorized to approve the applicable charges.

If ATIV becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide reasonable notice before personal information is transferred and becomes subject to a different privacy policy. Such notice may be given by a clear and concise statement on ATIV's website or in a subsequent update to the App that there has been an update to this Privacy Policy.

Collection and use of non-personal information

ATIV may aggregate data to help provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest to users. Aggregated data is considered Non Identifiable Data for the purposes of this Privacy Policy unless combined with personally identifiable information such as email or name.

Feedback or contact forms

ATIV may place email links and or forms on our Website or the Services to allow you to contact us directly. The Personal Information you provide in these links and forms is used to respond directly to your questions or comments. ATIV may store comments to improve our website, Services, products, process, and for review but will discard the Personal Information in any such case. All information other than Personal Information that you send to ATIV using these email links or forms,will not be considered or treated as confidential information. Do not send us any information, ideas, suggestions, proposals, or comments that you consider confidential or that you want to be treated as confidential.

Service providers

ATIV shares personal information with service providers as requested by ATIV’s customers. These services could include registration services, abstract management services, scheduling or other similar services required to utilize the features of the Services. These service providers are obligated to protect your information.

Third party sites and services

The App may include links to other applications or sites. This Privacy Policy applies to the Services of ATIV only. Any information you submit to linked sites or other applications will be subject to the privacy policies of those sites or applications, if any. You should review those policies carefully before providing any information to these linked sites or applications.

Notifications

The contact information you provide to the Service may be used to alert you about networking or important information related to the Service. ATIV may use customized links or similar technologies to determine whether the email has been opened and which links you click in order to help provide you more relevant information.

Security

ATIV is committed to protecting the security of your information and we undertake practical and reasonable steps to protect Personal Information from unauthorized or accidental access, disclosure, misuse or processing, or from alteration, destruction, or loss. We use a variety of security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. Personal Information that we collect resides on servers operated by ATIV and is accessible only to personnel who, by virtue of their duties, are required to have access and have been trained in, and tasked with, the observance of the principles embodied in this Privacy Policy.

If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always choose to log out before leaving a site or service to protect access to your information from subsequent users.

For additional information, please contact the event organizer

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Welcome to EventPilot Additional Services (“Service”). This Agreement (“Agreement”) shall govern the Terms of Service (“Terms”) between the user (“You”) and ATIV Software LLC (“ATIV”). These Terms and any other mobile operating system’s license agreements (“Providers’ Terms”) constitute the whole legal agreement between You and ATIV and replaces any prior agreements between You and ATIV. In the case of conflicting terms with Providers’ Terms, this Agreement will govern the Terms to which You are bound unless stated otherwise by Providers’ Terms. Please read our Terms carefully and contact info@ativsoftware.com if You have any questions.

1. Contract Formation

By accepting these Terms, You agree to be bound by these Terms and the Privacy Policy of ATIV, a California LLC. Do not accept these Terms if You are unwilling or unable to be bound by these Terms.

2. Using EventPilot Additional Services

a. Who can use EventPilot Additional Services?
You may use our Service only if You can form a binding contract with ATIV and in compliance with these Terms and all applicable laws. Furthermore, by accepting these Terms, You represent that You are at least 18 years of age.

b. Our license to You.
Subject to these Terms and Providers’ Terms, we grant You a limited, non-exclusive, non-transferable, and revocable license to use our Service. You may not copy, modify, distribute, sell, rent, or lease any part of our Service or included software. You may not reverse engineer or attempt to extract our source code without our explicit written consent. ATIV reserves the right to revoke this license granted to You without notice for any or no reason.

c. Acceptable use.
You agree not to use or attempt to use Service for improper purposes:

• any fraudulent, abusive, unlawful, harassing, or other improper purpose which may cause a risk of harm, loss, physical or mental injury, emotional distress, death, disability, or physical or mental illness to Yourself, other user, or any other person. This also includes any risk or loss to ATIV, its business and reputation, employees, members, agents, partners, independent contractors, or other tangible property.
• violations of any applicable foreign, federal, state and local laws, rules and regulations.
• infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other right.
• attempt to scan, probe or breach ATIV security or authentication measures.
• sending or attempting to send unsolicited messages or spam.
• impersonating any person or entity; falsely stating or misrepresenting Your affiliation with a person or entity.

ATIV reserves the right in its sole discretion, but is not obligated, to permanently or temporarily terminate or suspend any user account for any reason, or for no reason, without any notice and liability. ATIV also reserves the right to remove any user generated content ATIV believes to violate these Terms. ATIV retains the right to bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

3. Content and Data

a. Uploading or posting content.
If You upload or post content to Services (“User Content”), You retain all rights and you are solely responsible for the content You uploaded, posted or shared with others or to the public. ATIV IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON ATIV’S SERVICES.

b. How ATIV and others can use Your content.
By uploading or posting content to Service You also grant ATIV, its partners, authorized clients, and affiliates a nonexclusive, royalty-free, transferable, sublicensable, worldwide license to use, host, store, reproduce, modify, communicate, publish, perform, create derivative works, publicly display and distribute such content. The rights You grant in this license are for the limited purpose of operating, improving our Services, and to develop new ones. Nothing in these Terms shall restrict other legal rights ATIV may have to User Content such as other licenses. ATIV reserves the right to remove or modify User Content for any reason, including User Content believed to violate these Terms and policies.

c. How long we keep User Content.
ATIV may retain User Content for a commercially reasonable time depending on the Service Agreement with its clients and partners, for backup, archival, or audit purposes. Other Users of Services may continue to use, store, display, reproduce, create derivative works, perform or distribute any of User Content that other Users have stored or shared on their own or through Services. ATIV is not liable for the acts of other users with User Content.


d. Risks of data loss.
Accidents happen, whether caused by human, hardware or software errors, natural disasters, or any other cause. It is Your responsibility to back up data. While the ATIV will attempt to recover any lost data, ATIV makes no guarantee that any User Content can be recovered. You will not hold ATIV liable for any data loss, regardless where the content is stored.

e. Accuracy of data and third party material.
Services may display or make available, content, data, information, applications, or materials from third parties (“Third Party Material”) or provide links to third party web sites. By using Services, You acknowledge and agree that ATIV is not liable or responsible to You or any third party for verifying the content, accuracy, completeness, timeliness, validity, copyright compliance, or legality of Third Party Material or websites.

f. Exporting of content and software.
Your use of Services must comply with all applicable import and export control laws and regulations of the United States and other countries and You must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to our Services that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software. The assurances and commitments contained in this section shall survive termination of this Agreement.

g. Copyright Policy
ATIV Software respects the intellectual property rights of others and expects You to do the same. In accordance with the U.S. Digital Millennium Copyright Act, we will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If You believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us the following information: (i) a physical or electronic signature of the copyright owner or person authorized to act on their behalf; (ii) identification of the copyright work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject infringing activity that is to be removed or access that is to be disabled, and information sufficient to permit us to locate the material; (iv) Your contact information including Your name, phone number, address, and email address; (v) a statement by You that You have good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or law; and (vi) statement that the information in the notification is accurate and, under penalty and perjury, You are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to You. In appropriate circumstances, ATIV will also terminate a User’s account if the User is deemed to be a repeat infringer. A complaint can be submitted by contacting us at copyright@ativsoftware.com.   
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:  
Silke Fleischer 
ATIV Software 
340 S LEMON AVE #4605 
WALNUT, CA 91789 
UNITED STATES. 
 

4. Security of Data

All files and data of Service are either accessible publicly or password protected. ATIV cannot guarantee that unauthorized third parties will not be able to defeat any security measures implemented to protect User Content. If You believe that Your files and data have been compromised, please notify us immediately. You will not hold ATIV liable for any damages or lost profits of any kind from any security breach.

5. Termination

ATIV may terminate or suspend this Agreement at any time, with or without cause, or notice to You without any liability of any kind. We reserve the right to refuse service to anyone. If at any time Your account is terminated, You will still be bound by Sections 3 and 5-10 of these Terms. If You wish to terminate Your account (i) remove all related app, software, and related Services from your devices and (ii) contact customer service in writing.

6. Indemnity

You will indemnify, defend, and hold ATIV, its members, employees, agents, contractors, and affiliates harmless from and against any claims, damages, liabilities, judgments, costs, including attorney fees, from any third party claims arising from any breach by You of any Terms of Service.

7. Warranty Disclaimers

ATIV PROVIDES SERVICES ON AN “AS IS” BASIS AND MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, ACCURACY, RESULTS OF USE, RELIABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL ATIV BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF SERVICES REMAINS WITH YOU.  

ATIV DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN SERVICES.

ATIV DOES NOT WARRANT OR ASSUME RESPONSIBILITY IN RESPECTS TO UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, WORM-FREE, OR SECURITY WITH USE OF SERVICES.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATIV BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, PUNITIVE, COMPENSATORY, AND CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND APPLIES WHETHER OR NOT ATIV HAS ADVISED THE POSSIBILITY OF LOSS OR DAMAGE.  

ATIV SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SERVICES OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS, OR THE DISCLOSURE OF PERSONAL INFORMATION. IN NO EVENT SHALL ATIV BE LIABLE FOR DAMAGES GREATER THAN $100.00USD.

9. Governing Law and Jurisdiction

This Agreement shall be construed and governed by the laws of the State of California. Each party irrevocably and unconditionally consents to the exclusive jurisdiction and venue in State Courts located in Sonoma County, California and Federal Courts located in San Francisco County, California.

10. General Terms

Modifications. ATIV reserves the right to discontinue, add, or modify any of our  Services, Terms of Use and/or our Privacy Policy without notification. You should review the policies and Terms on occasion at http://ativsoftware.com/legal.  

Privacy. In addition to these Terms You are also bound by ATIV’s Privacy Policy available at www.ativsoftware.com/legal.

Exposure. You agree to use Services at Your sole risk. You may be exposed to materials that are offensive, indecent, or otherwise objectionable including but not limited to unintentional links or references to objectionable material. ATIV is not liable for any damages from such material however, You may report to ATIV’s customer service. Your sole remedy is to discontinue use of Service.

Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You. Any attempted transfer or assignment will be null and void. ATIV reserves the right to transfer or assign rights or licenses without restriction.

Entire Agreement/Severability. These Terms, together with ATIV’s Privacy Policy, amendments, and any other Agreements You may enter with ATIV, constitutes the entire Agreement between You and ATIV concerning Services. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No delay or failure on the part of ATIV to exercise any right under this Agreement or any law shall operate as a waiver of such right.

ATIV Customer Service. To contact ATIV for any reason please email our service team at info@ativsoftware.com.

For additional information, please contact the event organizer

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