Last Modified: May 2 2017
Thank you for your interest in Pigeonhole Live. The Pigeonhole Live website and service (“Pigeonhole Live”) are provided by PigeonLab Pte. Ltd. (“PigeonLab”, “we” “us” or “our”). This Customer Agreement (this “Customer Agreement”) governs your access to and use of the http://www.pigeonholelive.com and http://pigeonhole.at web site and its subdomains (the “Public Site”) and Pigeonhole Live real-time audience engagement platform and Pigeonhole Live Dashboard account (collectively the “Pigeonhole Live Platform”; the Pigeonhole Live Platform and the Public Site shall collectively be known as the “Website”) and any downloadable applications (“Mobile App”) and all services provided by Pigeonhole Live via the Website (collectively, the “Services”). For clarification, the domain http://pigeonhole.at shall be the primary option for Audience Members, Moderators and Admin Users (as defined below) to access Pigeonhole Live, while the domain http://www.pigeonholelive.com shall be the primary option for Organisers to access Pigeonhole Live.
BEFORE YOU USE OUR SERVICES, READ THIS CUSTOMER AGREEMENT CAREFULLY. BY USING OUR SERVICES, YOU AND THE BUSINESS ENTITY THAT YOU REPRESENT, IF ANY, HAVE FULL LEGAL CAPACITY TO ENTER INTO THE AGREEMENT AND TO CARRY OUT THE OBLIGATIONS AND GRANT THE RIGHTS SET OUT IN THE AGREEMENT AND ARE AGREEING TO BE BOUND BY AND WILL BECOME PARTY TO THIS CUSTOMER AGREEMENT. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT THE COMPANY YOU REPRESENT (IF ANY) IF IT IS A CORPORATION, IS DULY ORGANISED AND VALIDLY EXISTING UNDER THE LAWS OF ITS PLACE OF INCORPORATION, AND HAS FULL POWER AND AUTHORITY TO EXECUTE AND DELIVER AND PERFORM ALL OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND ANY OTHER AGREEMENTS TO BE EXECUTED BY IT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS CUSTOMER AGREEMENT ON BEHALF YOURSELF OR OF THE BUSINESS ENTITY YOU REPRESENT AND THAT IT CONSTITUTES VALID, LEGAL AND BINDING OBLIGATIONS ON YOU OR THE BUSINESS ENTITY YOU REPRESENT WHICH ARE FULLY ENFORCEABLE IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT. YOU HEREBY COVENANT TO ENSURE THAT ALL USERS OF THE PIGEONHOLE LIVE SERVICES THAT GAIN ACCESS TO OUR SERVICES THROUGH YOUR REGISTRATION INFORMATION ARE BOUND BY THESE TERMS. YOU HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THIS CUSTOMER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS CUSTOMER AGREEMENT, DO NOT ACCESS AND/OR USE OUR SERVICES.
PigeonLab makes available to organisers, Pigeonhole Live through our Website and Mobile App during the service period (“Service Period”) as set forth on the Website for the service plan selected by an organiser. Pigeonhole Live can be used for several different types of events including, but not limited to industry conferences, town halls, workshops, corporate events, political campaign events, classrooms, national television and other events (each such event, a “Event”. The use of Pigeonhole Live as part of a session for each such Event refers to a “Session”). The Pigeonhole Live Platform is provided by PigeonLab, and includes a real-time audience engagement tool that enables event organisers (“Organisers” and each, an “Organiser”) to collect questions, comments, votes and other similar information (“Questions & Comments”) in real time from event attendees or audience members of a Session (“Audience Members” and each, an “Audience Member”). Moderators or speakers of each such Event selected by Organisers (“Moderators” and each a “Moderator”) will facilitate the panel discussions between the Audience Members and answer questions from the Audience Members. (Moderators and Audience Members shall collectively be known as “Participants” and each, a “Participant”). In order to participate in a Session, an Audience Member must have a computer that can access our Website, or, when available, a mobile device enabled with our Mobile App. Participants may be required to enter a passcode (“Passcode”) generated on Pigeonhole Live by the Organiser and provided to Participants by the Organiser and/or an attendee code (“Attendee Code”). Participants may then submit, post, or vote on questions, comments, or polls in real time during a Session as configured and enabled by the Organiser.
You are responsible for obtaining any equipment and Internet service necessary to access our Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website and the Services in whole or in part, at any time and for any reason, without notice. The Website and associated Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
The Organiser will have access to the dashboard account (“Dashboard Account”) where it will have direct access to setup Pigeonhole Live for their event. The Organiser may grant different types of access to Pigeonhole Live to any personnel appointed by the Organiser.
The Organiser and its Admin Users may submit content to the Pigeonhole Live Platform in the manner set forth on the Services from time to time (“Organiser Content”). The Organiser represents and warrants that the Organiser and its Admin Users have the right to provide such Organiser Content to the Pigeonhole Live Platform for the purposes set forth in this Customer Agreement.
The Organiser acknowledges that the Pigeonhole Live Platform remains under development and is expected to evolve over time. PigeonLab retains the right to modify, update and/or upgrade the Pigeonhole Live Platform from time to time.
PigeonLab expressly disclaims any liability or claims that may arise between users of our Services, including, without limitation, disputes between Organisers and Participants. The Organiser is solely responsible for its interactions with any Participant and any disputes that arise from interactions with such Participants.
Because PigeonLab is not responsible for the interaction between Organisers and Participants or any related transactions, in the event that an Organiser has a dispute with one or more Organisers or Participants, the Organiser shall hereby release PigeonLab (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
The Organiser shall not, and shall not permit any person or entity to: (i) use the Pigeonhole Live Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Pigeonhole Live Services; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Pigeonhole Live Services or any software component of the Pigeonhole Live Services; (iv) use, or allow the use of, the Pigeonhole Live Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organisations; or (v) act in a fraudulent, tortious, malicious, or negligent manner when using the Pigeonhole Live Services.
The Organiser acknowledges that the structure, organisation, and code used in conjunction with the Pigeonhole Live Services are proprietary to PigeonLab and that PigeonLab and/or its suppliers retain exclusive ownership of the Pigeonhole Live Services, documentation, and any other intellectual property rights relating to the Pigeonhole Live Services, including all modifications, enhancements, derivatives, and other software and materials relating to the Pigeonhole Live Services, and all copies thereof. The Organiser shall not sell, transfer, publish, disclose, display or otherwise make available the Pigeonhole Live Services, including, without limitation, any modifications, enhancements, derivatives, and other software and materials provided hereunder by PigeonLab or copies thereof to others in violation of this Customer Agreement.
Except as expressly set forth in this Customer Agreement, no license or other right in or to the Pigeonhole Live Services or other intellectual property of PigeonLab are granted to the Organiser, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved by PigeonLab.
The term “Content” means all information, text, images, data, links, or other material posted on the sections of the Website that are (i) displayed to the Audience Members during a Session and (ii) which you have the right to access, whether created by us or provided by a third party for display on the Services. Unless otherwise noted, all Content, excluding Organiser Content, contained on our Services is the property of PigeonLab and/or its affiliates or licensors, and is protected from unauthorised copying and dissemination by Singapore and applicable copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Organiser Content or Questions & Comments submitted by Participants, but the Organiser acknowledges that such Organiser Content and Questions & Comments submitted for display in a Session will be made accessible to Moderators and Audience Members for the applicable Session through our Services.
We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website, Services or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by this Customer Agreement; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
If the Organiser or any of its Admin Users provides any feedback, improvements or other suggestions (“Suggestions”) to PigeonLab for improvements to the Pigeonhole Live Platform or related services, the Organiser hereby grants to PigeonLab a non-exclusive, royalty-free, perpetual, irrevocable license under such Suggestions to exploit and distribute the Suggestions in connection with the Pigeonhole Live Platform and related services, except as may be otherwise agreed in writing.
The Organiser agrees that the Pigeonhole Live Platform and the output thereof, login credentials and all non-public pricing and service plans related to the Pigeonhole Live Platform are the confidential information of PigeonLab; the Organiser agrees not to disclose any of such confidential information to any third party, except to the extent expressly permitted by this Customer Agreement, and to use such confidential information solely for the purposes of this Customer Agreement. PigeonLab may require the Organiser to agree to a non-disclosure agreement prior to sharing certain information with the Organiser. Any such non-disclosure agreement between the Organiser and PigeonLab shall apply to information shared in connection with the Website, unless otherwise provided in such non-disclosure agreement.
By accessing our Website and/or using our Services, the Organiser and its Admin Users agree to abide by the following standards of conduct. You agree that you will not, and will not authorise or facilitate any attempt by another person to use our Website or any related Service to:
In addition, you may not, and may not assist or enable others to, use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service, Session or Content. You also may not, and may not assist or enable others to, use any robot, spider, site search/retrieval application, or other automated device, process, or means to collect information from or about other users of the Service.
PigeonLab reserves the right, without prior notice and in its sole discretion, to decide whether your use of the Website violates this Customer Agreement for any of the above reasons or for any other reason, and if PigeonLab does, to remove such content which you post or submit to the Website and/or terminate your access to any Services.
By using our Services, you agree to indemnify, hold harmless and defend PigeonLab and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content, Session or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
ALL CONTENT, SESSIONS, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PIGEONLAB DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE ON OUR SERVICES IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR SENDING AUTOMATED E-MAILS OR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY PIGEONLAB WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER PIGEONLAB NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT BETWEEN ORGANISERS AND PARTICIPANTS. PIGEONLAB AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN NO EVENT SHALL PIGEONLAB BE LIABLE TO YOU, THE ORGANISER OR ANY OTHER USER OF OUR SERVICES, OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORISED ACCESS TO OR USE OR MISUSE OF THE SERVICES, SESSIONS, CONTENT OR ANY INFORMATION CONTAINED THEREIN, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PIGEONLAB PTE. LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
PIGEONLAB 'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS CUSTOMER AGREEMENT SHALL NOT EXCEED THE GREATER OF (I) USD 1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO PIGEONLAB FOR THE SERVICES, IF ANY, IN THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CLAIM.
ANY CLAIMS BROUGHT BY YOU OR PIGEONLAB MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS ORGANISER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIMS RELATED TO THIS CUSTOMER AGREEMENT AS A PLAINTIFF OR CLASS ORGANISER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Agreement shall be in effect from the Effective Date until the one year anniversary of the Effective Date, upon which the Agreement shall automatically renew for successive one (1) year periods unless terminated by either party by delivery of written, e-mail or other notice of non-renewal at least thirty (30) days prior to the end of the then-current one (1) year term. Each Service Period then in effect shall continue for the remainder of its term. Either party may terminate this Agreement and all Service Periods at any time upon thirty (30) days’ written notice in the event of a breach by the other party that is not cured in a thirty (30) day period. Further, we may terminate the Organiser’s access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the e-mail address provided by you at registration. The Organiser agrees that we are not liable to you or any third party for any termination of your access to this Website. For the avoidance of doubt, you acknowledge and agree that, upon termination of this Customer Agreement for any reason, you shall immediately pay all amounts that accrued prior to the date of termination, and that any obligation to pay PigeonLab that accrued prior to the termination hereof will survive following such termination. As between the Organiser and PigeonLab, Sections 1, 2, 3(c), 3(d), 3(e), 4 - 15 of this Agreement shall survive the expiration or termination of this Agreement according to their terms.
The construction, validity and performance of this Customer Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any dispute arising out of or in connection with this Customer Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore at the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of 1 arbitrator. All arbitration proceedings shall be in the English language. The decision of the arbitrator shall be final and binding on all the Parties. You and PigeonLab shall appoint a person mutually agreed by you and PigeonLab as sole arbitrator, or, if you and PigeonLab cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the President of the Court of Arbitration of SIAC upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).
You may not assign or transfer your rights or obligations under this Customer Agreement in whole or in part to any third party without the consent of PigeonLab. This Customer Agreement shall bind and inure to the benefit of the parties to this Customer Agreement and their respective successors, permitted transferees, and permitted assigns. PigeonLab and the Organiser are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. This Customer Agreement contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by PigeonLab or any reseller agreement PigeonLab may have with you, and cannot be amended except by means of an agreement in writing signed by both parties or a click through agreement, agreed to by both parties; provided that PigeonLab ’s posting of an amended version of this Customer Agreement on its Website shall be effective no later than the next renewal date of this Agreement. The headings and captions used in this Customer Agreement are used for convenience only and are not to be considered in construing or interpreting this Customer Agreement. If any part of this Customer Agreement is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Our Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent. In such case, the parent is responsible for any and all activities of such minor.
If you have any questions about this Customer Agreement, please contact us at: firstname.lastname@example.org.
Copyright © 2017, PigeonLab Pte. Ltd. All Rights Reserved.
Version: May 2, 2017
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