These Terms apply to all OnpointVEC users. We use the term “Host Organizer” to refer to companies, businesses, individuals and organizations who use OnpointVEC’s platform to organize their Events and who have paid fees and subscriptions to access and use the Services pursuant to a separate written agreement (a “Subscription”).
There are two different types of users which these terms apply to:
Events are organized and administered by the Host Organizer in limited collaboration with OnpointVEC. We are a third-party providing the platform for an event to take place. We are not responsible and cannot be held liable for any aspect of the Event not directly related to the technical facility of the Event, including but not limited to:
If you wish to discuss any of the matters listed above, or you have paid for a ticket to an Event and would like to request a refund, you should contact the Host Organizer, whose responsibility it is to deal with the matter. Our only responsibility is to provide the technical facility for the Event to run. If you are experiencing technical issues with OnpointVEC, please contact us as set out in this Agreement.
The Host Organizer has full control to direct Onpoint to run any Event. This includes control over any Participants, when Events are created, how they are configured, and what functionality and third-party integrations are activated for use at each Event. The Host Organizer may prohibit or withdraw access to Events to any Participant at any time, with or without notice. It is solely the Host Organizer's responsibility to:
As part of your participation in an Event, you may submit content, information, and data, such as messages or files to OnpointVEC. Your submissions or contributions will be subject to security measures outlined in these Terms.
With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such contributions from OnpointVEC, or generally by closing your account, except:
You acknowledge that:
Your contributions will be owned by the Host. Under our contract with the Host, the Host may have certain choices and control over your contributions, including the right to use, delete or modify the contributions.
You must not:
OnpointVEC shall retain all intellectual property rights in the Service, including any and all derivatives, changes and improvements, and you agree that you obtain no intellectual property rights or licenses except those expressly granted in these Terms. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Service or proprietary information related thereto.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
OUR MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICE SHALL NOT EXCEED THE GREATER OF (1) TOTAL AMOUNT OF FEES PAID OR PAYABLE BY YOU TO COMPANY DURING THE TWELVE MONTHS PRECEDING THE DATE THE LIABILITY FIRST ARISES OR (2) $100
2. If we end your rights to use OnpointVEC:
Be aware that internet transmissions are never completely private or secure and that any message or information you send on or using OnpointVEC may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using OnpointVEC, you agree that we can collect and use technical information about the devices you use Bevy on, and related software, hardware and peripherals to improve OnpointVEC’s services.
Certain aspects of OnpointVEC will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for OnpointVEC on the device.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in the termination of your OnpointVEC user account, without liability to us. However, we may assign these Terms to any person at any time without notice.
If you are having any issues using OnpointVEC or wish to contact us for any other reason, please email our customer service team at email@example.com If we have to contact you we will do so by email or a notification on through the Service, using the contact details you have provided to us.
These Terms are subject to occasional revision. We will notify you of any changes to these Terms by posting the new Terms on the Service and updating the “Last Updated” date below. We will also notify you of material changes by sending an email to the email address you have provided to us. Any changes to these Terms will be effective thirty calendar days following notification of such change. Continued use of the Service following such changes will indicate Customer’s acknowledgement of such changes and agreement to be bound by the updated version of these Terms.
Neither party may transfer or assign its rights or obligations under these Terms to any third party without the prior written approval of the other party, except for an assignment to an affiliated company or to a successor in connection with a merger, acquisition, reorganization or sale of substantially all of its assets or voting securities. Any purported assignment contrary to this section shall be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
Failure of OnpointVEC to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
These Terms describe the entire Agreement between you and OnpointVEC, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to OnpointVEC and the Services.
These Terms are governed by the laws of the State of Oregon, without regard to its conflict of laws principles, and any dispute arising from these Terms shall be brought exclusively before the state and federal courts in Portland, Oregon, and each party irrevocably submits to the jurisdiction of such courts.
Last Updated: October 14, 2021