Terms And Conditions for Users

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User Terms and Conditions

Last Updated: October 20, 2023

The following terms and conditions and any addendum (the “Agreement”) govern all use of Glue Up products, services, and associated features, including without limitation those found on particular websites (www.glueup.com, paygage.us) (each, the “Site”), or accessed via Glue Up mobile applications (including Glue Up App and Glue Up Manager App) (taken together, the “Service”). The Service is offered by Glue Up and its affiliates subject to your acceptance without modification of all of the terms and conditions contained herein and all other addendums, operating rules, policies and procedures that may be published from time to time through the Service by Glue Up. BY CLICKING “I AGREE” TO THE APPLICABLE SIGN-UP FORM, OR BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU CONFIRM THAT YOU HAVE FULLY READ, UNDERSTOOD, AND AGREED TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.

As used in this Agreement, “User”, “you” or “your” refers to individual consumers potentially or actually attending or participating in events or otherwise making use of the Service for other authorized purposes.

When used in this Agreement, “Glue Up” refers to Glue Up (formerly also known as EventBank); EventBk, Inc.; and its affiliates, and subsidiaries. Depending on where you are located and/or the server you choose, the Glue Up entity you are contracting with for purposes of this Agreement is as follows:

If you are using the Service through glueup.com, you are contracting with EventBk Inc. (“Glue Up US”), at 1775 Tysons Blvd, 5th Floor, Tysons, VA 22102, USA, or an entity designated by Glue Up US.

Our additional legal entities, based on where you are using the Service from are as follows: Cayman Islands: EB Holdings Limited; Hong Kong: EventBk, Limited; Singapore: EVENTBANK SOFTWARE PTE. LTD.; Philippines: Eventbank Philippines Corporation. 

Glue Up reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time by publishing the updated Agreement on the Site or via the Service (“Modification”). Upon Modification, the updated Agreement shall immediately supersede the original Agreement and automatically take effect. If you disagree with any relevant amendment, you should immediately stop using the Service and cancel your Glue Up account, if you have one. Your continued use of the Service following the Modification constitutes acceptance of those changes.

  1. SCOPE Of Service.

    1. Definitions

    1. “Event” is defined as any type of ceremony, charity, conference, corporate, expo, forum, lifestyle, professional networking, speed networking, seminar or training event in an online or offline form that is organized using Glue Up’s technology by a User or an Organization. 2. “Organization” is defined as i) entities, organizations and companies using the Service to organize events, conduct marketing campaigns, manage client relationships, provide membership management or for other authorized purposes, or (ii) the employees, representatives or authorized agents of such entities, organizations or companies, acting on behalf of such entities, organizations or companies. 3. “Email” is defined as any email that is sent (successfully or unsuccessfully) to a unique email address. 4. “Membership” is defined as a paid or not-paid subscription to Organizer’s community program which might involve connecting people together around a particular activity, geographical location, industry, activity, interest, mission, or profession. 5. “Attendee” is defined as a User that is attending an Event, Speed Networking Event, or any other type of Event using our Service.

    2. Services

    The Service is offered to Users to (i) receive information about events, memberships, member directories, and other activities from Organizers, (ii) purchase tickets, memberships, and attend Events as an Attendee (iii) direct message other Users in the Glue Up platform that belong to the same Organization, and (iv) for other related or similar purposes. For full range of the services offered by Glue Up refer to Glue Up's website (www.glueup.com)

  2. Account And ACCESS.

    1. Glue Up may require you to register to use the Service. You hereby acknowledge that when you complete the registration procedures or otherwise use the Service in such a manner as permitted by Glue Up, you represent and warrant that you meet all the requirements under this Agreement and are in full compliance with all applicable laws and regulations of your local jurisdiction. Please create a strong password according to best practices, and keep your account and password information private. You agree to notify Glue Up immediately if your password or account is used without authorization or in case of any other security incident, and except for otherwise stipulated by laws, you agree and acknowledge that Glue Up will not be liable for any direct or indirect loss or damages caused under such circumstance. Unless allowed under applicable laws or judicial rulings and expressly approved by Glue Up, your account name and password may not be assigned, bestowed or inherited in any manner. You agree to immediately notify Glue Up of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
    2. Glue Up may change, suspend or discontinue any aspect of the Service at any time for any reason. Glue Up may also impose limits on certain features and services or restrict User’s access to parts or all of the Service without notice. You agree that Glue Up or its affiliates will not be liable to you or any third-party as a result of its termination of your access to the Service. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
    3. You represent and warrant that if you are an individual, you are at least 14 years old. If you are under 14 years old, you may only use the Service under the supervision of a parent or legal guardian who manages your use and/or account.
    4. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and access the Service, including, without limitation, modems, hardware, software, computers, internet service, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.

  3. SITE CONTENT.

    1. Except as otherwise specified in this Agreement, User agrees that all content and materials delivered via the Service by Glue Up or event organizers or otherwise made available by Glue Up or event organizers as part of the Service on the Site or elsewhere (collectively, “Content”) may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by the Content owner in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content whether expressly protected or not. However, User may print or download a reasonable number of copies of the materials or content provided as part of the Service for User’s own informational purposes; provided, that User retains all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Service for any other purpose is strictly prohibited without the express prior written permission of Glue Up.
    2. Glue Up acknowledges and agrees that the intellectual property rights with respect to the User generated content belong solely to the User.
    3. Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.

    4. Artificial Intelligence and Machine Learning Terms 

      1. Some features of our Services have artificial intelligence and machine learning aspects to the offering (“AI Features”). These AI Features enable you to explore and interact with a system powered by third-party Large Language Models (“LLMs”) and developers, including but not limited to OpenAI. You can use the AI Features for the intended purposes, including creating the title and content of email campaigns, events, newsletters, and other content for your organization members. Usage guidelines for all AI Features are bound by these Terms. 

      2. User Acknowledgments. 

        1. You acknowledge and agree that:

        2. AI Features should not be relied upon during emergencies; AI Features may claim to perform actions for you in the real world but may have not taken any action besides responding to you; 

        3. AI Features may not generate accurate information and information provided may be out of date. You should independently verify responses or advice provided by AI Features. We do not provide any warranties or guarantees as to the accuracy of any information provided by the AI Features; 

        4. AI Features are subject to modification and alteration, and may contain errors, design flaws, or other issues; 

        5. Use of AI Features may result in unexpected results, loss of data or communications, or other anticipated or unanticipated damage or loss to you which we hereby claim no liability for; 

        6. AI Features may not operate properly, be in final form, or be fully functional; your access to AI Features is not guaranteed and AI Features are provided on an AS IS basis; 

      3. Our Use of Your Content  

        1. We may use Your Content to provide and improve the Services, including: 

        2. Providing your questions and prompts to third-party LLMs to generate responses; 

        3. Displaying Your Content to others if you use the sharing features with the AI Features; 

        4. Understanding your use of AI Features to generally improve the AI Features and Services. 

        5. We may also need to use or disclose Your Content to comply with applicable laws, enforce these Terms of Service and our policies, and to detect and prevent fraud, security, or technical issues. 

        6. By submitting, posting, displaying, providing, or otherwise making available any Content on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and our (and its successors’ and affiliates’) business, including without limitation in connection with modifying, improving, and enhancing artificial intelligence models, as well as promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. 

      4. Security.  

        1. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact us and provide details of the vulnerability or breach. 

      5. Processing of Personal Data.  

        1. We do not allow for processing of Personal Data or Protected Health Information (PHI) in our AI Features. If you plan to use the Services to process personal data, you must notify us immediately and provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you will be using Services for the processing of Personal Data as defined in the GDPR or Personal Information as defined in CCPA, please contact us to request our Data Processing Addendum. 

  4. USE OF THE GLUE UP SERVICE.

    1. User represents and warrants (i) User’s use of the Service will comply with all applicable laws and regulations (including with respect to privacy, cyber security and data protection), (ii) no content (such as documents, discussions, data, information, trademarks/logos, etc.) User submits to the Service (“User Content”) will infringe or otherwise violate any third party intellectual property rights or any applicable laws or regulations, and (iii) User’s use of the Service will not conflict with any obligations User has to any third party.
    2. Glue Up reserves the right to remove any User Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or upon the request by such User), or for no reason at all.

  5. FEES.

    1. Offline Payment: Users can pay any Fees directly to the event host (“Organizer”) via cash, checks, bank transfers, at the scene of the event, through postal orders or any other means without using any online payment methods. The Organizer ultimately determines the fees and is solely responsible for any liability arising out of collecting the Fees and Glue Up has no responsibility or liability in this type of transaction or exchange of Fees.
    2. Online Payment: You may select an online payment processing method for your event that is either provided by us (“Glue Up Payment Processor”) or by a third-party provider (the “Non-Glue Up Payment Processor”):
      1. Non-Glue Up Payment Processing. When using Non-Glue Up Payment Processor, you transact the applicable payment through a third-party service and are bound by the applicable terms of use governing such service, a copy of which should be available to you when conducting the transaction. Glue Up is not responsible or liable for any obligation or liability with respect to any payment transactions or the performance or nonperformance of such third-party service.
      2. Glue Up Payment Processing. If you have requested Glue Up Payment Processor, the service provider will determine whether you are qualified to use Glue Up Payment Processor. If you are not qualified to use Glue Up Payment Processor, but you are otherwise qualified to use the Service, we will notify you and you may switch to Non-Glue Up Payment Processor.
    3. Prohibited Transactions. You may not use Glue Up Payment Processor to process any of the following transactions and you represent and warrant that you will not submit for processing through the Service: (a) any transaction that would violate any law or regulation or is considered high risk, (b) any transaction that is fraudulent or criminal in nature; or (c) any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitations of donations for, events, sale of items related to such events, membership payments, sponsorship for any event, or for the payment of custom invoices created in the ordinary use of the Service. Any transaction that falls into any of the categories set forth above, as determined by Glue Up in our discretion, is a "Prohibited Transaction."
    4. You understand and agree that Glue Up is not liable for any costs arising from whether a ticket of an event, or a membership provided by Organizer is or is not valid, or is or is not honored, including any tickets and memberships procured through, or representing, fraud or deceptive practices.

  6. RESTRICTIONS.

    1. User shall not submit any information to the Service that is false, misleading or inaccurate.
    2. User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure, security controls or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Glue Up reserves the right to bar any such activity.
    3. User shall not attempt to modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense or distribute any software program or applications providing the Service.
    4. User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Glue Up server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
    5. User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information of any other user or visitor to the Service, or any other customer of Glue Up, including any Glue Up account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Service.
    6. User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Glue Up’s systems or networks, or any systems or networks connected to the Service or to Glue Up.
    7. User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
    8. User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Glue Up on or through the Service. User shall not, in connection with the Service, pretend (e.g., through impersonation) that User is any other individual or entity.
    9. User shall not use the Service for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Glue Up or others.
    10. User shall not use the Service for any purpose that violates any applicable law or regulation, in any jurisdiction.

  7. SERVICE AVAILABILITY.

    Glue Up will use commercially reasonable efforts to ensure proper backups and maintain the hardware and/or software involved in providing the Services with a high level of quality and performance consistent with industry standards. Glue Up reserves the right to designate time periods during which it may limit or suspend the availability of the Services to perform necessary backup, maintenance or upgrades. Glue Up and its subcontractors reserve the right to perform any required, emergency maintenance work outside of the scheduled maintenance without prior electronic mail or other notice to User.

  8. THIRD PARTY SITES.

    The Service may permit Users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site or the Service. These other websites are not under Glue Up’s control, and User acknowledges that Glue Up is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Glue Up. User further acknowledge and agrees that Glue Up shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource. Glue Up may delete any link, using its reasonable discretion.

  9. INTELLECTUAL PROPERTY RIGHTS.

    Glue Up and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. If you wish to make any use of material on Glue Up other than that set out in this Terms and Conditions, please contact us.

    1. These Terms of Use permit you to use Glue Up for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on Glue Up, except as follows:

     

    1.1 Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. 1.2 You may store files that are automatically cached by your Web browser for display enhancement purposes. 1.3 You may print one copy of a reasonable number of pages of Glue Up for your own personal, non-commercial use and not for further reproduction, publication or distribution. 1.4 If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

     

    2. You must not:

     

    2.1 Modify copies of any materials from this site. 2.2 Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. 2.3 Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. 2.4 Access or use for any commercial purposes any part of Glue Up unless otherwise agreed upon or any services or materials available through Glue Up.

     

    3. Trademarks:

     

    The Company name, Glue Up, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Glue Up are the trademarks of their respective owners.

     

  10. INDEMNIFICATION.

    User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Glue Up, its affiliates and subsidiaries, and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, expenses, and damages (whether direct, indirect, incidental, consequential or otherwise), including reasonable attorneys’ fees, that arise from or in connection with (i) your use or misuse of the Service, (ii) your access to any part of the Service, (iii) your Content and/or links, (iv) your dispute(s) with any third party(ies), (v) your violation of this Agreement, or (vi) your violation of any applicable law.

  11. Disclaimer, LIMITATION OF LIABILITY.

    1. Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GLUE UP MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS. In the event that some jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
    2. Limitations of Liabilities. IN NO EVENT SHALL GLUE UP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PAYMENT PROCESSING PARTNERS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND GLUE UP’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING "LINE-NOISE" INTERFERENCE), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00 (U.S.).
    3. IN NO EVENT WILL GLUE UP’S AGGREGATE LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) ARISING FROM OR RELATED TO THIS AGREEMENT, EXCEED THE AMOUNT OF FEES RECEIVED BY GLUE UP UNDER THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE DATE ON WHICH SUCH LIABILITY AROSE, LESS AGGREGATE DAMAGES PREVIOUSLY PAID BY USER UNDER THIS AGREEMENT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF ANY ACTS OR OMISSIONS RELATING TO THIS AGREEMENT MAY BE BROUGHT BY USER MORE THAN ONE YEAR AFTER THE OCCURRENCE OF SUCH ACT OR OMISSION.
    4. No Indirect Damages. IN NO EVENT WILL GLUEE UP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, DAMAGES (INCLUDING WITHOUT LIMITATION, LIABILITIES RELATED TO A LOSS OF USE, PROFITS, GOODWILL OR SAVINGS OR A LOSS OR DAMAGE TO ANY SYSTEMS, RECORDS OR DATA, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED IN ADVANCE OR AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
    5. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  12. TERM; TERMINATION.

    1. Glue Up may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User. Glue Up may immediately suspend the Service in the event User breaches this Agreement or otherwise takes an action that Glue Up determines (in its discretion) may harm Glue Up or the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
    2. You may terminate your access to the Service by contacting us through support@glueup.com to delete your account or delete it yourself from the settings. If you are a User using the Service without a registered account and you want to terminate this agreement, you should stop accessing the Service, and this Agreement will no longer apply to you.

  13. EXPORT AND TRADE CONTROLS.

    1. User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or through the Service except in full compliance with all applicable laws and regulations.
    2. Glue Up complies with certain export controls and economic sanctions laws. All Users, regardless of your location, or the location from which you are using the Service, should familiarize yourself with these restrictions. You represent and warrant that: (a) you will comply with all applicable laws in your use and receipt of the Service, including any applicable export laws; (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State’s Terrorist Exclusion List; the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List; (ii) that is subject to sanctions in any other country; or (iii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.

  14. Data And PRIVACY.

    1. Glue Up takes a variety of reasonable physical, electronic and administrative measures to protect your information and prevent your information and communication contents stored during the use of Service from being divulged, damaged or lost, including but not limited to SSL encrypted information storage.
    2. Please keep your account and password information confidential and protected. Glue Up will not be held liable for lost or stolen data or for deletion or storage failure of relevant data on the Service for reasons that are attributable to you.
    3. Glue Up may use your data after anonymization for internal business purposes, including without limitation, to help us improve the content and functionality of the Service, to better understand our Users, to improve the Service, to protect against, identify or address wrongdoing, to enforce our Terms of Use, to provide you with customer service, and to generally manage the Service.
    4. Glue Up may use your data to contact you in the future for our marketing and advertising purposes, including without limitation, to inform you about services or events Glue Up believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising on or off the Service that Glue Up believe might be of interest to you.
    5. If Glue Up intends to use any data in any manner that is not consistent with these Terms of Use, you will be informed of such anticipated use prior to or at the time the data is collected and Glue Up will obtain your consent for such use.
    6. In an ongoing effort to understand and serve our Users better, Glue Up often conduct research on User demographics, interests and behavior based on data that Glue Up has collected. This research is typically conducted on an aggregate basis only that does not identify you. Glue Up may share aggregated non-identifiable data with third parties for a variety of reasons, including, without limitation, to improve the Service and identify User needs.
    7. Please refer to the Glue Up Privacy Policy for more detail on privacy terms and Glue Up’s use of data. You are obligated to comply with all applicable laws and regulations with respect to privacy related issues in your use of the Service.
    8. To the extent that Glue Up processes any personal data on User’s behalf that is subject to the European Union General Data Protection Regulation (the “GDPR”), in the provision of the Service hereunder, the terms of the Glue Up Data Processing Agreement, which are hereby incorporated by reference, shall apply. For Users that are located in the European Union or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, which provide adequate safeguards with respect to the personal data processed by us under this Agreement and pursuant to the provisions of our Data Processing Agreement, apply. You acknowledge that Glue Up will act as the data processor or the data controller in different scenarios, and you and/or the event organizer are the data controller under applicable data protection regulations in the European Union and European Economic Area.  User will obtain and maintain any required consents necessary to permit the processing of the relevant personal data under this Agreement. If you are subject to the GDPR you understand that if you give any third-party vendor access to your Glue Up account, you serve as the data controller of such information and the integration provider serves as the data processor for the purposes of those data laws and regulations that apply to you. In no case are such third party vendors our sub-processors.
    9. The User represents and warrants User’s use of the Service will comply with all applicable laws and regulations (including with respect to privacy, cyber security and data protection).

  15. MISCELLANEOUS.

    1. No Waiver.

      The failure of either User or Glue Up to exercise in any respect any of their rights provided herein shall not be deemed a waiver of those rights or any other rights hereunder.

    2. Severability.

      If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

    3. Assignment.

      Glue Up may transfer, assign or delegate this Agreement and its rights and obligations hereunder without consent.

    4. Governing Law And Dispute Resolution.

      1. If you are using the Service through glueup.com, this Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, USA. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be in Alexandria, VA. The arbitration proceedings will be conducted in English. The arbitration award will be final and binding on the parties, and the parties agree to be bound thereby and to act accordingly.

    5. Entire Agreement.

      This Agreement shall constitute the entire agreement between you and Glue Up and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.

    6. No Partnership Or Agency.

      No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and User does not have any authority of any kind to bind Glue Up in any respect whatsoever.

    7. Contact Information.

      We appreciate your feedback and suggestions.

      If you are using the Service through glueup.com you may contact us via email at support@glueup.com, or by mail at the following address:

      1600 Tysons Blvd, Suite 400, McLean VA 22102, USA

 
 

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