Terms of use

Last updated on 15th of August 2017

Thank you for accessing:
http://www.realbuzzregistrations.com/
http://app.realbuzzregistrations.com
(each a "Website" and for the purposes of these Terms of Use reference to the Website shall be to any of the above-named websites).

Please read these Terms of Use before using the Website, which is operated by The Realbuzz Group Ltd. (registered number 3942343), whose registered office is at 12 Nicholas Street, Chester, Cheshire, United Kingdom ("we", "us" or "our").

By using the Website, you signify your acceptance of these Terms of Use, without modification, in consideration of which we provide you with access. From time to time, we may modify these Terms of Use so please continue to review them whenever accessing or using the Website. If at any time you do not wish to accept the Terms of Use, you must not use the Website.

These Terms of Use and the rights and obligations contained herein are in addition to and are incorporated into the Terms of Service by reference.  Nothing in these Terms of Use shall be deemed to modify, waive, amend or rescind any other terms of the Terms of Service. The Terms of Service can be found here and the Terms of Service – Event Organiser can be found here .

1.    Use of Website

We hereby grant you a revocable and non-exclusive, non-transferrable and non-sub-licensable limited right of access to use the services solely for the following purposes:

•    If you are an organiser of events (paid for or otherwise) (“Organiser”), for creating and promoting an event and its related profiles, managing fundraising, ticket sales and tracking and collecting sales proceeds; and
 
•    If you are an attendee at an event (“Attendee”), for searching for, registering for and/or purchasing tickets for an event and/or making a donation thereto;

and in each case, you hereby agree to do so in accordance with these Terms of Use and the  Terms of Service and  Terms of Service – Event Organiser .

While we have endeavoured to ensure the accuracy of the information on the Website, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. The “Website Content", including text, software, video, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks, and other material are provided "as is" without any warranties of any kind unless specifically stated. All express and implied warranties relating to the Website, the Website Content and our services are excluded to the fullest possible extent permitted by law. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

We reserve the right, at any time, to modify the Website Content or to modify, suspend, or discontinue the Website or any part thereof with or without notice. Changes made to third party sites, which are built or are managed by content providers via the Website, are made solely at the discretion of the controller of such third party sites under their own terms and conditions. We will not be liable to you or to any third party for any modification of the Website Content or modification, suspension, or discontinuance of the Website.

Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website, or on any third party site built or controlled via such service, at any time, for any reason, without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users who have registered with us. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our sole opinion you have failed to comply with any of the provisions of these Terms of Use.

2.    Intellectual Property

We are the owner or the licensee of all intellectual property rights in the Website and the Website Content and the material published on it. Those works are protected by trademark law, copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website. You acquire no rights or licences in or to the Website and/or the Website Content, other than the limited right to use the Website in accordance with these Terms of Use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Website content.  All rights of The Realbuzz Group Ltd. not expressly granted in these Terms of Use are reserved to Realbuzz and its licensors.

Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged. You shall not use any part of the Website Content for commercial purposes without obtaining a licence from us or our licensors. If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website shall cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  

You acknowledge that any and all feedback and suggestions for change or modification (“Feedback”) made by you and all improvements, updates, revisions or modifications to the Services (“Modifications”), whether made by us or otherwise, are and shall remain our property and we may use that Feedback and Modifications in any manner and for any purposes whatsoever without any notice or compensation to you and without any retention by you of any proprietary right or claim.  

You hereby assign to us any and all rights, title and interest that you may have in and to any and all such Feedback or Modifications, including but not limited to moral and intellectual property rights.  You hereby agree to waive any rights you may have in any and all such Feedback and Revisions. At our request you will execute any document, registration or filing required to give effect to these provisions.

3.    Linked Websites

We have no control over or responsibility for websites to which the Website is linked. Your use of such websites is at your sole risk.  Any links to third party websites are provided for your convenience and information only. The content in any linked websites is not under our control and we are not responsible for it. We reserve the right to terminate a link to a third party website at any time. The provision of a link to a third party website does not mean that we endorse, authorise or sponsor that website, nor that we are directly affiliated with the third party website’s owners or sponsors.

As part of the Services you may be able to link an account you have with a third party, such as a social media website.  By linking such a third party account you hereby agree that we may access and store any Event Organiser Content (as defined below) that you have provided to and stored in such a third party account so that it is available on or through the services.  

Other parties’ trademarks and copyrights, which may be referred to on the Website, are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, waiver, estoppel, or otherwise, any licence or right to use any such material without our written permission. The name of realbuzz registrations, The Realbuzz Group, our logo or other associated marks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without our prior written permission. You shall not use our logo as a hyperlink to the Website unless you obtain our written permission in advance.

4.    User Generated Content

By uploading any contribution (including any text, graphics, photographs, video or audio (including any tagging of other person in those photographs, videos or audio recordings), trade marks and brands or location tagging - “Event Organiser Content” or “Your Content”) to the Website, event Organisers agree to grant us, free of charge, a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, transferable, sublicensable right and licence to use the Event Organiser Content in any way we want (including reproducing, transmitting, publishing, modifying, and adapting it and creating derivative works) for, amongst other activities, use in case studies, customer examples, and product showcases on the Website and in advertising, promotional and marketing materials and you hereby waive any and all moral rights and intellectual property rights to use the name you submit with your Content.

Any copyright in Event Organiser Content will remain with Event Organisers and we do no claim any ownership rights in any of it. You warrant and represent that the Event Organiser Content is your own original work, is not defamatory and is lawful in the country to which you are resident, that you have the right to use the Event Organiser Content (including but not limited to the right to upload and use any photographs, videos or audio recordings, whether tagged or otherwise) and you have received the prior express permission of those individuals in those photographs, videos or audio recordings to upload them, including, in the case of a person under the age of 18, the approval of their parent or legal guardian) and nothing in these terms will restrict any rights you may have to use the Event Organiser Content outside of the Services.  

Furthermore, you understand that you are liable for all Event Organiser Content, in whatever form, that you provide or otherwise make available to or through the Services and you agree not to use the Services to:

•    harm minors in any way;
•    impersonate any person or entity, including any of The Realbuzz Group Ltd.’s representatives or otherwise misrepresent your affiliation with a person or entity;
•    upload, post, transmit or otherwise make available any Content related to the sale or services other than the sale or provision of tickets and registrations to bona fide events listed on the Website and other goods and services being sold or provided in conjunction with such events;
•    interfere with or disrupt the Services or servers or networks connected to the Services;
•    attempt to probe or test the vulnerability of any of The Realbuzz Group Ltd. servers or network or attempt to breach its security in any way or attempt to avoid or circumvent any security or other technical measure implemented by The Realbuzz Group Ltd. to protect any personal sensitive information;
•    solicit any user to use a third party service that competes with The Realbuzz Group Ltd.’s products or services;
•    resell tickets or registrations;
•    advertise your event but complete sales independent of the Services with the intention of avoiding the obligation to pay fees, in whole or in part, related to the Services;
•    collect payment information (including but not limited to credit or debit card numbers, expiration dates and CSC codes) in any fields other than under “Payment” on the order payment page;
•    collect any personal or sensitive information, including but not limited to national insurance or social security numbers, financial account numbers, drivers’ licence details or health information, which is required to be secured under the applicable local, national, state or other law or regulation without first obtaining our prior written consent to do so; or
•    stalk or otherwise harass any person or entity.

You must not upload, post, create or otherwise transmit to the Website any Event Organiser Content that, as reasonably determined by us, is:

•    untrue, inaccurate, unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
•    contains hostility or prejudice towards a person’s disability, religion or belief, sexual orientation or transgender identity;
•    infringes a third party's intellectual property rights, including any patent, trade mark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
•    of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
•    unsolicited, undisclosed or unauthorised advertising;
•    software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
•    data or information obtained through access that was not authorised by the owner, or that you are not authorised to post; or
•    in violation of any applicable local, national or international law (including export laws) and gambling laws, including but not limited to the Gambling Act 2005 and the Unlawful Internet Gambling Enforcement Act of 2006.

If you consider that any Content on the Website fulfils any of the criteria outlined above, please contact us via email a [ enquiries@realbuzzregistrations.com ] and we will investigate and take appropriate action.  If you believe any Content or any other aspect of the Website infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the aforementioned email address. Your notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:

•    a description of the copyrighted work that you claim has been infringed;
•    a description of where the material that you claim is infringing is located on the Site;
•    your address, telephone number, and e-mail address;
•    a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•    a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
•    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

You acknowledge that we do not pre-screen Event Organiser Content or the Content of any other User in connection with the Services, but we reserve the right to monitor, alter, edit or remove inappropriate Event Organiser Content, events, material or information in whole or in part posted by any Users which we believe, in our absolute discretion, violates any of these Terms and the Terms of Service. We also reserve the right to terminate, without warning, records of Users who we consider to be misusing the Website, or are in breach of these Terms of Use. Such Users will be prevented from re-registering on the Website.  You acknowledge and agree that we may preserve your Event Organiser Content and account information and may disclose any and all of it if required to do so by law or, if in our opinion, acting in good faith, to do so would comply with a legal process, respond to claims your Event Organiser Content infringes the rights of third parties, or to enforce our Terms of Service, including these Terms of Use and/or protect the rights and/or property of The  Realbuzz Group Ltd., its Users and/or the public.

5.    Acknowledgements and Obligations

You acknowledge that access to the Website is provided free of charge. If you are dissatisfied with the Website, these Terms of Use or any of the Website Content or Event Organiser Content, your sole remedy is to discontinue use of the Website. Save in respect of fraud and of personal injury or death to the extent it results from our negligence, we accept no liability to you whatsoever whether based on warranty, contract, tort or otherwise. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.

Any Content downloaded or otherwise obtained through the Website is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Content.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you will commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

You must not use or access the Website if you are under the age of 18, unless with the direct permission and supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. By accessing the Website, you confirm that you are over the age of 18, or have obtained the direct permission and are under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

6.    Your User Profile

In order to access some features of the Website or other services, you will be required to create a realbuzzregistrations.com User Profile (“User Profile”). When registering and creating a User Profile, you consent to us processing your user identity and details. You must provide true, accurate and complete information about yourself, or the entity for which you are using the Services and ensure that this information is kept accurate and up-to-date at all times. We reserve the right to terminate your User Profile if you have provided false or misleading registration information.

You are solely responsible (to us, and to others) for all activity that occurs under your User Profile (whether that activity is undertaken by you or a sub-user of your User Profile), therefore it is important that you keep your password secure and confidential. You must notify us immediately of any breach of security or unauthorised use of your User Profile of which you become aware. You may be held liable for any losses incurred by us, our subsidiaries, entities owned, related to or controlled by The Realbuzz Group Ltd, its officers, directors, employees, consultants, staff, agents, and representatives due to someone else's use of your account or password. You may not sell or transfer your account, or otherwise allow any third party to use your account for any purpose.  When registering and creating an User Profile you must select a username. We reserve the right to force forfeiture of any username for any reason.

You must not disrupt the functioning of the Website or any website built and controlled under the event service, solicit or use another User’s password, attempt to gain unlicensed administrator access to an event, or otherwise act in a way that interferes with other Users’ use of the Website. Other than connecting to our servers by HTTP requests using a web browser, you may not attempt to gain access to our servers by any other means, including, without limitation, by using administrator passwords or by acting as an administrator while using the Website or otherwise.  

We shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as specified in our Privacy Policy a copy of which is located  here . If you become a registered User, you may terminate your User Profile at any time.

7.    Limitation of our liability relating to events

We are not the Organiser or owner of the events listed for registration or sale on the Website and all sales are made by the organiser listed on the relevant event page.  
By creating an event on the Website, event Organisers hereby confirm that they are legally capable of and are solely responsible for organising an event and the nature and conduct of the event itself meet all applicable local, state, national and other laws, rules and regulations, and that any goods and services described in any event page are actually delivered in a satisfactory manner.

We are not responsible for the organisation of such events and are not liable for any aspect of such events. Event Organisers are solely liable for completing any transaction or the provision of any service or product agreed with entrants. Failure to do so may result in instant termination of the event Organiser’s Account.  

We are not responsible for providing, or ensuring that an Organiser has provided, any suitably qualified staff to attend, supervise or otherwise act in relation to any events created by an Organiser and this remains the sole responsibility of the Organiser.  It is the responsibility of the event Organiser to assess whether any individuals who have the appropriate health and safety, first aid or other medical training are required to attend the event and it is the Organiser’s responsibility to arrange for and ensure their attendance.  

Should any event listed by an Organiser involve the participation of children under the age of 18, we are not responsible in any way for providing, or ensuring that an Organiser has provided, any adult supervision or participation, or undertaken any Disclosure and Barring Service Checks of those adult organisers, supervisors or participators and any such checks are the sole responsibility of the Organiser.  

8.    Payment for events

Any events created on the Website must display prices inclusive of local taxes. Any prices displayed anywhere on the Website in relation to our services are inclusive of local taxes.

If the Organiser elects to use our payment processing service, we act as the Organiser’s agent solely for the purpose of using third party payment providers to collect payments made by Attendees through the Website for an event and passing such payments through to the applicable Organiser. Funds will be held in a designated account and will be identifiable relative to the specific event. Funds will be released after the event has taken place.

As an event Attendee, you will be using whatever payment processing method the event Organiser has selected.  If the event Organiser has selected to use our payment processing service then we will process payments through the third party payment gateways of our choice as the Organiser’s limited payment agent in order to facilitate online payment transactions. In any event, whether the Organiser has selected its own preferred payment processing method or has selected to use our payment processing service (through a third party gateway) then shall not be liable for any failings of any such payment gateway service or for any damages that occur as a result of such use. Users of the Website making online transactions are also bound by the terms of use of the relevant payment gateway. We shall not share with an Organiser any payment data, being any full credit card number or other full payment account number and related expiration date and security code entered by an Attendee whilst using the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to an event.  

Save as set out below, we shall not be liable for any refunds, missed payments, fraudulent payments, incomplete transactions or faulty products sold which occur as a result of your use of the payment gateway service or an event Organiser’s website. Disputes must be settled directly between you and the payment gateway service provider or event Organiser as applicable.

9.    Refund Requests

All Attendees must contact the relevant event Organiser with any refund requests.  Event Organisers agree to post and maintain a refund policy on each event page and that refund policy will prevail, provided that it is consistent with our refund policy as follows.

Any refunds agreed to be issued by the event Organiser to the Attendee must be processed through us in the first instance and not through the third party payment gateway used to purchase the event ticket or registration. Refunds will not be given to Entrants on original administration fees (if applicable), and further administration fees may be deducted from the entry fee.

In the event that an Organiser fails to respond to a refund request within five (5) business days or there is a dispute between the Organiser and the attendee that cannot be resolved, either party may contact us.  We may, in our absolute discretion, attempt to mediate such dispute, however we shall not have liability for an Organiser’s failure to issue a refund, our failure to mediate or our decision should we decide to mediate.

An Attendee must contact the event Organiser and/or us before requesting a refund directly from any other third party (e.g. credit card company, bank or paypal).  If an Attendee fails to do so and any costs are incurred by us as a result then we reserve the right to charge such costs to the Attendee or (in the event the event is cancelled) the Organiser and deduct such costs from any monies owed to such party.

10.    Limitation of our liability

We make no warranty that events hosted on the Website will be financially or otherwise successful. We will not liable for any loss of profits of such events.

We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use our products or services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) use by you of any training programme or any other product purchased through the Website; (iv) your participation in any promotion or program coordinated by us; (v) personal injury not caused by our negligence; (vi) unauthorised access to or alteration of your transmissions or data; (vii) statements or conduct of any third party on the Website; or (viii) any other matter relating to the Website or services. You agree that our maximum liability, for any reason or cause whatsoever, shall not exceed the total amount of monies received by us from you.

Our liability for losses you suffer as a result of us breaking these Terms of Use is strictly limited to any losses which are a foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time you use the Website.

This does not include or limit in any way our liability: for death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

You agree to indemnify, defend, and hold us harmless from and against any claims, actions, demands or other proceedings brought against us by a third party, to the extent that such claim, suit, action or other proceeding brought against us is based on or arises in connection with your use of the Website, any breach by you of these Terms of Use or a claim that your use of the Website infringes any intellectual property rights of any third party or is libellous or defamatory, or otherwise results in injury or damage to any third party.

11.    Privacy Policy

All information provided by Users or collected by us in connection with the services is governed by our Privacy Policy, a copy of which is located  here . The Privacy Policy is located into these Terms of Use by reference.  We strongly recommend that you review the Privacy Policy.

12.    Governing Law and Jurisdiction

These Terms of Use together with the Terms of Service, Privacy Policy and any additional terms, which are drawn to your attention, constitute the complete and entire Terms of Use for Users visiting the Website.

These Terms of Use are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts irrespective of which jurisdiction the Website is hosted or accessed, and hereby waive any objection to such jurisdiction.

 

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