Market Metrics Terms And Conditions
Who We Are:
Market Metrics is a web app that enables people all over the world to create, explore, compare, attend and reflect on marketing campaigns.
What This Document Does:
This is the Market Metrics Terms and Conditions (“Terms”). Whilst you’re enjoying the Market Metrics web application (“App”), you may choose to use the App to share information with other users, including your friends and contacts (“Users”). A User may be an organizer (“Organizer”) who can use the web app to create marketing campaigns. When the Policy uses "Market Metrics", “we”, “us”, or “our”, that refers to Eventy Inc. and those employed at Market Metrics. By downloading, accessing, viewing, or using the App, you are legally bound by these Terms. If you do not agree to these Terms, please do not use or access the service. If you are using the service on behalf of an entity or employer, you agree to these Terms on behalf of that entity and you represent that you have the authority to do so. In such case, “your” and “you” will refer to yourself as well as that entity.
If you have any questions or comments about these Terms, please feel free to contact us at email@example.com.
Rules and Restrictions
You agree to:
- Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements in a local, state, national and global scope;
- Use your real name on your profile, and
- Use the services in a professional manner.
You agree that you will not:
- Act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
- Misrepresent your identity, and
- Disclose information that you do not have the consent to disclose.
If you feel the need to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete Account’ link. Your account will be deleted immediately, but it will take at least 30 days until all of Your Content is completely removed from the App. If you decide to return to Market Metrics, you must create a new account and will not have access to Your Content from your previous Account. Eventy Inc. reserves the right to terminate or suspend any Account, or make use of any operational, technological, legal, or other means available to enforce the Terms, at any time without liability and without the need to give you prior notice.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App, such as the Predictive Analytics section, may not be available if you have not registered for an Account or requested access.
You may report any abuse or complain about Content by contacting us at firstname.lastname@example.org.
There are two types of content that you will be able to access on the App:
- Content that you upload and provide (“Your Content”);
- Content that Eventy Inc. provide (“Our Content”).
Some content is not allowed on Market Metrics
We have to improve restrictions on certain content which:
- Contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
- Is obscene, pornographic, violent or otherwise may offend human dignity;
- Is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
- Encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
- Is defamatory or libellous;
- Involves the transmission of “junk” male or “spam”;
- Contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Market Metrics or otherwise;
- Itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights), and
- Shows another person which was created or distributed without that person’s consent.
For any questions about content that is disallowed, feel free to contact us at email@example.com.
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
Your Content may include the creation, organization, and creation of marketing campaigns or the creation and modification of your Registration and Account information. The Organizer must ensure that any display of any marketing data on the App meet all applicable laws, rules, and regulations described on the respecive page and are described in an accurate manner. You may not display any banking information on an any form or detail whether in relation to you or any other person (for example, names, home addresses or postcodes, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
By uploading Your Content on Market Metrics, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content. We reserve the right to terminate your Account if you violate these Terms or if your using of the service violates any laws, rules or regulations that would expose Market Metrics to legal liability.
Your Content is subject to the terms and conditions of the Digital Millennium Copyright Act of 1998. See additional details in the section Digital Millennium Copyright Act below.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Market Metrics are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times. Market Metrics does not create, organize, or own the data from third-party services listed on the App.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
- you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
- you shall not use our name in metatags, keywords and/or hidden text;
- you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way, and
- you shall use Our Content for lawful purposes only.
Portions copyright © Blackbaud, Inc. or licensors. All rights reserved.
Disclaimer and Indemnity
The App and your content are provided on an “as is” and “as available” basis without warranty, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Market Metrics does not make warranties that the App will be uninterrupted, secure or error free or that your use of the App will meet expectations. Market Metrics has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties Market Metrics requires to provide the App or an Organizer chooses to assist with a marketing campaign. You understand some third-party data carry inherent risk and by participating in those integrations, you choose to assume those risks voluntarily. Neither Market Metrics nor the owner is liable or responsible for any damages direct, indirect, consequential, special or punitive including, but not limited to loss of profits, income, data, goodwill, or Your Content or damage to property and claims of third parties arising out of your access to or use of the App or user content, however caused.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from Market Metrics is free of viruses or other harmful components. You accept that Market Metrics will not be provided uninterrupted or error free, that defects may not be corrected or that Eventy Inc, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Eventy Inc is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
You acknowledge Market Metrics does not control or guarantee the quality, safety, accuracy, or legality of any marketing campaign or Content associated with a marketing campaign, the accuracy of Users (including Organizer’s for marketing campaigns). Eventy Inc. does not conduct criminal background checks on users. All the actions you make and information you post on Market Metrics remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
- any negligent acts, omissions or willful misconduct by you;
- your access to and use of the App;
- the uploading or submission of Content to the App by you;
- any breach of these Terms by you; and/or
- your violation of any law or of any rights of any third party.
This Service is a beta release offering and is not at the level of performance of a commercially available product offering. The Service may not operate correctly and may be substantially modified prior to first commercial release, or at Company’s option may not be released commercially in the future. THE SERVICE AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR CONSULTATION GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH RECIPIENT.
COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $50.00 OR THE AMOUNT RECIPIENT ACTUALLY PAID COMPANY UNDER THIS AGREEMENT (IF ANY).
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
Digital Millennium Copyright Act
Eventy Inc has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any of Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:
- Be in writing (this includes both hardcopy or digital);
- Be signed (whether in writing or via electronic signature) by the copyright owner or agent;
- Identify the original copyrighted work (or works if there are multiple) you claim has been infringed;
- Identify the material that is infringing your copyrighted work;
- Include contact information to reach you if necessary;
- Include a statement your complaint is in “good faith”;
- Include a statement the information in the notification is accurate;
- Include a statement hat under penalty or perjury you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to firstname.lastname@example.org
These Terms, which we may amend from time to time, constitute the entire agreement between you and Eventy Inc. We reserve the right to modify, amend or change the Terms at any time. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Your continued use of Eventy following any change constitutes your acceptance of the change and you will be legally bound by the new updated Terms. If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable, then they shall be removed and the remainder of the Terms shall remain binding and enforceable. If you disagree with the Terms, you may delete your account immediately.
You represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the App, you agree and acknowledge that Market Metrics is a global app operating through servers located in the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Eventy, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
By using the App, you are consenting to the exclusive jurisdiction of the courts of the United States. You agree that you will not file or participate in a class action against us. For the immediate future, the English version of the Policy is the sole available version.
Eventy Inc. is a Deleware corporation registered in the United States
- Last Updated on January 2nd, 2020