TRUMBA® EVENT ACTIONS™ SERVICE
TERMS AND CONDITIONS OF USE
Last Revised: May 27, 2015
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THE TRUMBA EVENT ACTIONS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE EVENT ACTIONS SERVICE.
DESCRIPTION OF THE EVENT ACTIONS SERVICE
The Event Actions service includes, but is not limited to, the actions of adding events to your calendar, setting reminders, downloading event information, registering for events and requesting event change notices, delivered through means such as email or text messaging services, for an online calendar (the "Calendar") provided and maintained by a Calendar Provider. Calendar Providers are responsible for establishing and maintaining their own Calendars and event information and for the use of their Calendars by any person or entity. You may subscribe to calendar feeds, request event reminders, request or download event information, or take any other action on a Calendar, in which case your email address and other personal information provided in connection with such event action may be provided to the Calendar Provider.
Through Event Actions, you may have the ability to register and pay for a Calendar event with one of Trumba’s third party payment providers. In connection with such registration, you may be asked to provide your billing information, including a credit card number, address and other information necessary to process your payment for the applicable Calendar event. Your credit card information will not be collected by Trumba, and Trumba is not responsible for processing your payment or collecting any fees from you. Any fees collected by the third party payment processor from you will be distributed directly to the Calendar Provider. Trumba will in no event be liable, and accepts no liability, for any payment processing services offered in connection with the Event Actions or any other services offered on or through the Trumba website, and you agree that any dispute arising out of or relating to the billing or payment of registration fees must be directed to the Calendar Provider.
CHANGES TO SERVICES
Both the Calendar Provider and Trumba reserve the right at any time, without notice and in its sole discretion, to modify or discontinue hosting a Calendar or the Service, or to terminate or suspend your account and your license to use this Service without any liability to you or any other person. You must agree to be bound by any modifications in order to continue using the Service. If you do not agree to the modifications, you must discontinue your use of the Service.
In order to access certain areas and features of the Service, you will need to register for an account using either your email address or your sign in credentials from a third-party site. If you register with your email address, you agree to create a unique password that you do not use with any other online product or service. By registering for an account, you further agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your account information upon any changes; (c) maintain the security of your account by protecting your password and restricting access to your account; (d) promptly notify Trumba if you discover or otherwise suspect any security breaches related to the Service; and (e) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access.
Upon termination of your account for any reason, any information you have stored on the Services may no longer be retrieved, so you should make a backup copy of any such information on a regular basis and before terminating your account. Trumba will not be responsible or liable for any loss of such information for any reason.
COPYRIGHT AND LIMITED LICENSE
Trumba will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials that you provide regarding Trumba or the Service, whether by email, through the Service, or otherwise (“Feedback”). Any Feedback you submit is non-confidential and will become the sole property of Trumba. Trumba will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send Feedback to Trumba if you expect to be paid or want to continue to own or claim rights in your Feedback. Further, you agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
TRUMBA, EVENT ACTIONS, the Trumba logos and any other product or service name or slogan of Trumba contained in the Services or used in connection with the Services are trademarks of Trumba, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Trumba, except for use of the Trumba name to accurately refer to Trumba. You may not use any metatags or any other “hidden text” utilizing “Trumba” or any other name, trademark or product or service name of Trumba without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Trumba and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray Trumba or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Trumba logo or other proprietary graphic of Trumba to link to this Services without the express written permission of Trumba. Further, you may not use, frame or utilize framing techniques to enclose any Trumba trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without Trumba's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Trumba or any third party.
Trumba makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Services or Web sites linking to the Services. Such sites are not under the control of Trumba, and Trumba is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Trumba provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Trumba of any site or any information contained therein.
CALENDARS, LINKS AND THIRD-PARTY CONTENT
Calendars hosted by Trumba contain, and Trumba may provide links to Web pages containing, content of third parties (“Third Party Content”). Trumba does not monitor or have any control over any Third Party Content or third party Web sites, nor is Trumba liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Trumba does not endorse or adopt any Third Party Content, does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content, including but not limited to the following Third Party Content:
Your use of the Service is at your own risk.
TEXT MESSAGING SERVICES
The Service may include certain actions that can send event information to your mobile phone, including text messaging of event reminders or event information as you request. Trumba does not charge a fee for these text messaging services. However, your carrier's normal, messaging, data and other rates and fees still apply. You are advised to check with your carrier to learn about the text messaging options that they provide and how much each option costs. By requesting information to be sent to your mobile phone from the Service, you agree that the Calendar Provider and Trumba may communicate with you via SMS, text message or other electronic means to your mobile phone.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Trumba has adopted a policy of terminating, in appropriate circumstances and at Trumba's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Trumba may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Trumba respects the intellectual property rights of others. If you believe that any material on the Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Services, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
You agree to defend, indemnify and hold harmless the Calendar Provider; Trumba; their independent contractors, service providers and consultants; and their respective directors, employees and agents from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising from or related to your use of or inability to use the Service.
THE SERVICE AND ANY CALENDARS AND THIRD PARTY CONTENT PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRUMBA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE CALENDARS AND THE THIRD PARTY CONTENT. TRUMBA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE CALENDARS, OR THE THIRD PARTY CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE. WHILE TRUMBA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, TRUMBA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Trumba reserves the right to change any and all Trumba content contained in the Services at any time without notice. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Trumba.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TRUMBA, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, THE CALENDARS OR THE THIRD PARTY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OR SERVICES OBTAINED FROM TRUMBA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TRUMBA'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRUMBA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) ANY COMPENSATION YOU PAY, IF ANY, TO TRUMBA FOR ACCESS TO OR USE OF THE SERVICE.
APPLICABLE LAW AND VENUE
QUESTIONS AND CONTACT INFORMATION
Questions or comments about the Event Actions service may be directed to Trumba by email at firstname.lastname@example.org or by regular mail at:
Attn: Customer Service
1200 Fifth Avenue, Suite 1750
Seattle, WA 98101
Copyright © 2011 Trumba Corporation. All rights reserved. Event Actions is a trademark and Trumba is a registered trademark of Trumba Corporation.