Last Modified: 5 October 2014
The Pigeonhole website and service are provided by PigeonLab Pte. Ltd. (“Pigeonhole”, “we” “us” or “our”). These terms of service (these “Terms of Service”) govern your (“you”, “your”, or a “user”) access to and use of the pigeonholelive.com and pigeonhole.at web site and its subdomains (the “Public Site”) and Pigeonhole’s real-time conference Q&A platform (“Pigeonhole Platform”, together with the Public Site, collectively, the “Website”) and any downloadable applications (“Mobile App”) and all services provided by Pigeonhole via the Website (collectively, the “Services”).
The Pigeonhole Platform can be used for a number of different types of events including, but not limited to industry conferences, corporate events, political campaign events, classrooms, national television and other events (each such event, a “Live Event”. The use of the Pigeonhole Platform as part of a session for each such Live Event refers to a “Pigeonhole Live Session”). The Pigeonhole Platform is hosted by Pigeonhole, and includes a real-time conference Q&A tool that enables conference organizers (“Organizers” and each, an “Organizer”) and moderators or speakers of each such Live Event selected by Organizers (“Moderator” and each a “Moderator”) to collect questions, comments, surveys and other information (“Questions & Comments”) in real time from conference attendees or audience members of a Pigeonhole Live Session (“Audience Members” and each, an “Audience Member” and together with Moderators, collectively the “Participants” and each, a “Participant”). In order to participate in a Pigeonhole Live 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 Login Credentials or a passcode (“Passcode”) generated on the Pigeonhole Platform by the Organizer and provided to Participants by the Organizer. Participants may then submit, post, or vote on questions, comments, or polls in real time during a Pigeonhole Live Session as configured and enabled by the Organizer.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND PIGEONHOLE. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES YOU AND PIGEONHOLE TO ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 20 “AGREEMENT TO ARBITRATE”).
You are responsible for obtaining any equipment and Internet service necessary to access our Website 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, subject to the terms of any applicable written agreement we have with the applicable Organizer. The Website and associated Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
If you use a Mobile App, your mobile carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of use of the Services. You are responsible for ensuring that at all times while using the Service you are not in violation of your wireless data service agreement.
Other than providing the platform and tools for Organizers to run and manage a Pigeonhole Live Sessions for a Live Event, Pigeonhole is not responsible for the Pigeonhole Live Sessions provided and managed by the applicable Organizer and/or any third parties. Pigeonhole does not monitor those Pigeonhole Live Sessions or transactions between Organizers and/or any third parties and Participants. If you are accessing the Pigeonhole Platform as an Audience Member of a Pigeonhole Live Session with a Passcode provided to you by an Organizer, then your access and use of the Pigeonhole Live Session is subject to any separate understanding you have with that Organizer (“Participant-Organizer Agreements”). Such Participant-Organizer Agreements may set forth conduct requirements and confidentiality obligations, if any, with regards to use and information exchanged as part of a Pigeonhole Live Session, as well as how the applicable Organizer may use your Questions & Comments and related Personal Information that you may provide in a Pigeonhole Live Session, as well as other terms and conditions provided by the Organizer.
In general, you can access and submit Questions & Comments in a Pigeonhole Live Session simply by entering the Passcode provided by the Organizer without providing any personal information. However, certain Organizers may require you to submit login credentials before you can enter their Pigeonhole Live Session, such as login credentials provided by Pigeonhole, your Facebook account login credentials, or other third-party social network service provider account information (“Third Party Social Networking Account”) in order to login to a Pigeonhole Live Session using a Passcode. The Pigeonhole login credentials or Third Party Social Networking Account information that you provide to login will be your “Login Credentials”. You agree that you are responsible for protecting your Login Credentials and any Passcode that you may receive from unauthorized use, and you are responsible for all activity that occurs under your Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken. You may not (i) create more than one account to access the Services except as expressly permitted by Pigeonhole; nor (ii) transfer your account to any third party. Pigeonhole is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You will not be entitled to create a new account to access the Services if your prior Login Credentials have been terminated by Pigeonhole.
Participants may access a Pigeonhole Live Session as either a Moderator or as an Audience Member. A Participant may submit Questions & Comments to a Pigeonhole Live Session. For clarity, content created and posted by a Moderator or any other user of our Services, in connection with a Pigeonhole Live Session, are also Questions & Comments. The Participant submitting such Questions & Comments hereby grants the applicable Organizer, and to Pigeonhole to the extent needed to provide the Services to the Organizer and Participant, a non-exclusive license to copy, review, edit, modify, aggregate, and create derivative works of such Questions & Comments, and to distribute, publicly display, perform such Questions & Comments, whether modified or not.
Pigeonhole expressly disclaims any liability or claims that may arise between users of our Services, including, without limitation, disputes between Organizers and Participants. You are solely responsible for your interactions with any Organizer or other Participant and any disputes that arise from interactions with any of the foregoing.
Because Pigeonhole is not responsible for the interaction between Organizers and Participants or any related transactions, in the event that you have a dispute with one or more Organizers or Participants, you hereby release Pigeonhole (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.
If you are a California resident, in connection with the above release, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Subject to these Terms of Service and any other agreement between you and Pigeonhole, we hereby grant to you a personal, non-transferable, non-exclusive, non-sublicensable right and license to access and use the Services, and all Content therein, solely within the scope of your status as a user of our Services. The term “Content” means all information, text, images, data, links, or other material posted on the sections of the Website that are (i) publicly available and (ii) which you have the right to access, whether created by us or provided by a third party for display on the Website.
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 these Terms of Service; 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.
We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for display through our Services or Questions & Comments. We do not prescreen information submitted to our Services or Questions & Comments. With respect to such Content or Questions & Comments posted on or through our Questions & Comments Services, except to the extent expressly provided in an applicable agreement with an Organizer, we act as a passive conduit for such distribution and are not responsible for such Content or Questions & Comments. Any opinions, advice, statements, services, offers, or other information in the Services provided by users are those of the respective author(s) or distributor(s) and not of Pigeonhole. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content or Questions & Comments. You are responsible for ensuring that Content and Questions & Comments submitted to or through our Services or Questions & Comments are not provided in violation of any applicable laws, including without limitation, laws relating to defamation, libel and slander, laws of confidentiality and non-disclosure, and laws relating to copyright, trade secret or other intellectual property rights of another person or entity or of any applicable law. You shall be solely liable for any damages resulting from any infringement or breach of any applicable laws, including without limitation, relating to defamation, libel and slander, and laws relating to copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content or Questions & Comments to this Website. We shall not be responsible for any breach of any contractual obligation or infringement of any third party rights.
We have the right, but not the obligation, to monitor Content or Questions & Comments submitted during a Pigeonhole Live Session or on or through our Services, to determine compliance with these Terms of Service and any other applicable rules that we may establish, from time to time. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through our Services. Without limiting the foregoing, we have the right to remove any material that Pigeonhole, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content and Questions & Comments that you post on or through our Services.
By accessing our Website and/or using our Services, you agree to abide by any standards of conduct set forth in any Participant-Organizer Agreements as well as the following standards of conduct. Participants shall not, and shall not permit any person or entity to: (i) use, or allow the use of, the 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 organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using the Services; (iii) obtain unauthorized access to any computer system through this Website or the Mobile App; (iv) introduce viruses, worms, Trojan horses and/or harmful code to this Website or the Services; or (v) 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 Services, Questions & Comments, or Content.
Pigeonhole reserves the right, without prior notice and in its sole discretion, to decide whether your use of the Services violates these Terms of Service for any of the above reasons or for any other reason, and if Pigeonhole does so, to remove such content which you post or submit to the Website or Services and/or terminate your access to any Services.
By using our Services, you agree to indemnify, hold harmless and defend Pigeonhole 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.
You agree and acknowledge that the structure, organization, code, and all intellectual property rights related to or used in conjunction with the Website and Services are proprietary to Pigeonhole. You shall not, and shall not permit any person or entity to: (i) use this Website or any 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 Website or Services; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Website or any software component of the Pigeonhole Platform. You shall not sell, transfer, publish, disclose, display or otherwise make available the Pigeonhole Platform including any modifications, enhancements, derivatives, and other software and materials provided hereunder by Pigeonhole or copies thereof to others in violation of these Terms of Service.
“Intellectual Property Rights” mean any and all current and future copyright, patents, trademarks or rights in databases, inventions or trade secrets, know-how, rights in designs, topographies, trade and business names, domain names, marks and devices (whether or not registered) and all other intellectual property rights and applications for any of those rights (where such applications can be made) capable of protection in any relevant country of the world.
Unless otherwise noted, all Content contained on the Services are the property of Pigeonhole and/or its affiliates or licensors, and are protected from unauthorized copying and dissemination by United States, 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.
If you believe that any materials on our Services infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this Website or our Services is: email@example.com.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of accounts of users of our Services who are repeat infringers.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content, Questions & Comments, information provided by an Organizer 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 our Services. 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, QUESTIONS & COMMENTS, 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, PIGEONHOLE 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 THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY PIGEONHOLE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THIS SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER PIGEONHOLE NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT BETWEEN USERS AND BETWEEN PARTICIPANTS AND ORGANIZERS. PIGEONHOLE 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 PIGEONHOLE BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, ORGANIZERS 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, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES, QUESTIONS & COMMENTS, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PIGEONHOLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
PIGEONHOLE'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (I) US$1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO PIGEONHOLE FOR THE SERVICES, IF ANY, IN THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CLAIM.
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.
We may terminate your 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. You agree 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 these Terms of Service for any reason, you shall immediately pay all amounts that accrued prior to the date of termination, and that any obligation to pay Pigeonhole that accrued prior to the termination hereof will survive following such termination.
While we welcome your feedback, ideas, and suggestions (collectively, “Unsolicited Ideas”), it is important to be aware of the following restrictions with regards to Unsolicited Ideas you provide to us outside of a Pigeonhole Live Session or in a Pigeonhole Live Session where Pigeonhole acts as an Organizer. If you send us Unsolicited Ideas, you agree that: (1) your Unsolicited Ideas become the property of Pigeonhole and you are not owed any compensation in exchange; (2) none of the Unsolicited Ideas contain confidential or proprietary information of any third party; (3) Pigeonhole may use or redistribute Unsolicited Ideas for any purpose and in any way; (4) there is no obligation for Pigeonhole to review your Unsolicited Ideas; and (5) Pigeonhole has no obligation to keep any Unsolicited Ideas confidential.
These Terms of Service, and any dispute between you and Pigeonhole, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration. Unless you and Pigeonhole agree otherwise, in the event that Section 20 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Pigeonhole must be resolved exclusively by a state or federal court located in the Commonwealth of Massachusetts, except that you or Pigeonhole are permitted to bring small claims actions in state court in the county in which you reside, if such court has a small claims procedure. Except for such small claims court exceptions, you and Pigeonhole agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Massachusetts for the purpose of litigating all such claims or disputes. You and Pigeonhole agree to waive trial by jury in any court proceeding.
You may opt out of this Agreement to Arbitrate. If you do so, neither you nor Pigeonhole can require the other to participate in an arbitration proceeding. To opt out, you must notify Pigeonhole in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your device ID or Pigeonhole account to which the opt-out applies and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out:
PigeonLab Pte. Ltd.
ATTN: Arbitration Opt-out
Notwithstanding any provision in these Terms of Service to the contrary, you and Pigeonhole agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Pigeonhole prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms of Service, such termination shall not be effective until thirty (30) days after the version of these Terms of Service not containing the arbitration procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against Pigeonhole prior to the effective date of removal.
This Arbitration section will survive the termination of your relationship with Pigeonhole.
You may not assign or transfer your rights or obligations under these Terms of Service in whole or in part to any third party without the consent of Pigeonhole. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. Pigeonhole and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service 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 Pigeonhole, and cannot be amended except by means of an agreement in writing signed by both parties, or by Pigeonhole posting an amended version of these Terms of Service on its Website. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service 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.
Pigeonhole 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 this case, the parent is responsible for any and all activities of such minor.
If you have any questions about these Terms of Service, please contact us at: 79 Ayer Rajah Crescent #01-11, Singapore 139955 or via firstname.lastname@example.org
Copyright © 2014, PigeonLab Pte. Ltd. All Rights Reserved.
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