Users - Terms of Use

Last Updated: January 27th, 2021

Welcome, and thank you for your interest in Airfair.io (Airfair, we, or us) and our website at airfair.io, along with our related subdomains, APIs, web and mobile applications, and other services provided by us (collectively, the Services). These Terms of Use are a legally binding contract between you and Airfair.io regarding your use of the Services.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKINGI ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING AIRFAIR.IO’S PRIVACY POLICY (TOGETHER, THESE TERMS). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES.

1. Services Overview

Airfair.io works with professional event organizers (each, an Organizer) to enable Organizers to, through the Services, create digital experiences for their events (each, an Event). Through the Services, an Organizer may create and personalize an event page and content sharing and networking mobile and web applications that are specific to an Event (each, an Event Platform), and may make any Event Platform available to natural persons who are registered and/or who might be interested in the applicable Event (Attendees) and to businesses taking part in the applicable Event (Exhibitors).

If you are an Organizer, then your use of the Services is also subject to the Organizer Terms (airfair.io/legal/organizerterms), which are incorporated by reference into these Terms as if set out in full in these Terms. In the event of any conflict or inconsistency between the terms and conditions of these Terms and the Organizer Terms, the Organizer Terms will control.

2. Eligibility

To use the Application or any other part of the Services, you must be at least 18-years old. By agreeing to these Terms, you represent and warrant to us that: (1) you are at least 18-years old; (2) you are either (a) an Attendee or (c) an individual accepting these Terms on behalf of an Organizer or Exhibitor with the authority to bind Organizer or Exhibitor (as applicable) to these Terms, and you agree on behalf of Organizer or Exhibitor (as applicable) to be bound by these Terms; (3) you have not previously been suspended or removed from the Services; and (4) your registration and your use of the Services are in compliance with any and all applicable laws and regulations.

3. Accounts and Registration

In order to use the Services, you must register for an account on the Services (your Account). The process for setting up your Account varies depending on whether you are an Organizer, Attendee, or Exhibitor as follows:

· If you are an Organizer, then your Account may have already been created by Airfair.io. If so, you should have received an email or other notification from Airfair.io regarding your Account. If you have not received an email or other notification from us, then you visit studio.Airfair.io.com/join to create your Account by providing us with some information about yourself through the Services.

· If you are an Attendee or Exhibitor, then your Account may have already been created by the Organizer. If so, you should have received an email from Airfair.io regarding your Account. If you have not received an email from us, then you must complete a registration form in the Event Platform and provide us with some information about yourself, notably your name and email address.

The email address you provide Airfair.io will be your username for your Account, and the information you provide us in order to set up and update your Account constitutes proof of your identity. You guarantee to Airfair.io that the information provided by you to Airfair.io is complete, accurate, and up to date and is not in any way misleading, and you agree to notify Airfair.io immediately if any information provided by you is no longer complete, accurate, and up to date or has become misleading.

When you register for or attempt to login to your Account for the first time, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account. Any logins to the Event Platform using your username and password will be deemed to have been affected by you.

If you believe that your Account has been used without your knowledge or is otherwise no longer secure, then you must immediately notify us by emailing us at dpo@airfair.io. In which case, Airfair.io is entitled to take measures it deems appropriate in its discretion to protect your Account, the Event Platform, and the Services.

4. License

Limited License. Subject to your complete and ongoing compliance with these Terms, Airfair.io grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) use the Event Platform on a computer or mobile device that you own or control; and (b) access and use the Services.

License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Services; (b) make modifications to the Services; or (c) interfere with or circumvent any feature of the Event Platform or the Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Services, you may not use it.

Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to any Event Platform or the Services (Feedback), then you hereby grant Airfair.io an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve any Event Platform or the Services and create other products and services.

5. Intellectual Property

The Services are owned and operated by Airfair.io. The visual interfaces, graphics, design, compilation, content, of any kind (including templates, text, images, visuals, music, logos, trademarks, etc.), information, data, databases, computer code (including source code or object code), products, software, systems, structure, infrastructure, services, and all other elements of the Services (Materials) provided by Airfair.io are protected by intellectual property, database producer rights in force, and other laws. All Materials included in the Services are the property of Airfair.io or its third-party licensors. Except as expressly authorized by Airfair.io, you may not make use of the Materials or otherwise dismantle, decompile, decode, extract, reuse, copy, reproduce, represent, disseminate, or use any or all of the Materials. Airfair.io reserves all rights to the Materials not granted expressly in these Terms and may take legal action to enforce its rights.

6. Your Responsibilities and Obligations

Without prejudice to the other obligations contained in these Terms, you represent and warrant to Airfair.io and otherwise covenant as follows:

· When using the Services, you will comply with these Terms and all applicable laws, rules, and regulations in force, and you will not infringe or cause Airfair.io to infringe the rights of any third party or public order;

· You alone are responsible for your use of the Services;

· You will provide Airfair.io with all information necessary to properly deliver the Services to you as contemplated under these Terms;

· You alone are responsible for your behavior during online events, and you will comply with any terms and conditions stipulated by the event organizer; and

· You alone are responsible for your use of the Services and for any contacts you may forge with and any information you provide to any Organizer, Attendee and/or Exhibitor (as applicable) that you connect with through the Services.

7. Your User Content

User Content Generally. Certain features of the Services may permit users to upload content to the Services, including documents, details, data, information, messages, photos, video, images, folders, data, text, and other types of works (collectively, User Content) and to publish User Content on the Services. You retain any copyright and other proprietary rights that you may hold in the User Content that you make available through the Services.

Limited License Grant to Airfair.io. By providing User Content to or via the Services, you grant Airfair.io a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

Limited License Grant to Other Users. By providing User Content to or via the Services to other users of the Services, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Services.

User Content Representations and Warranties. Airfair.io disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Services. By providing User Content via the Services, you affirm, represent, and warrant to us that:

· you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Airfair.io and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Airfair.io, the Services, and these Terms;

· your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause Airfair.io to violate any law or regulation;

· your User Content could not be deemed by a reasonable person to be objectionable, profane, defamatory, abusive, indecent, pornographic, harassing, racist, obscene, shocking, violent, xenophobic, revisionist, threatening, embarrassing, hateful, or otherwise inappropriate;

· your User Content is not, and does not propose or promote activities that are, illegal, fraudulent, false, or misleading; and

· your User Content is lawful, does not contravene public order, morality or the rights of third parties, does not breach any legislative or regulatory provision, and cannot in any way result in civil or criminal liability for Airfair.io.

User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Airfair.io may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Services you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Airfair.io with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Airfair.io does not permit copyright-infringing activities on the Services.

Monitoring Content. Airfair.io does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Services by its users. You acknowledge and agree that Airfair.io reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. If at any time Airfair.io chooses to monitor the content, Airfair.io still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

8. Prohibited Conduct

BY USING THE SERVICES, YOU AGREE NOT TO:

· use the Services for any illegal or fraudulent purpose or in violation of any public order or local, state, national, or international laws, rules or regulations;

· harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Services;

· violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property rights or financial, business or moral interests;

· interfere with security-related features of the Services, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;

· interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Services; (c) collecting personal information about another user or third party without consent; (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services; (e) interrupting, suspending, slowing down, or preventing Services continuity; (f) hacking into Airfair.io's systems supporting the Services; (g) hijacking the Application's system resources; (h) taking any actions that would place a disproportionate load on Airfair.io's infrastructure; or (i) breaching the security and authentication systems of the Services;

· hack into any third party’s IT systems or otherwise violate the integrity or security of or harm, control, interfere with or intercept all or part of a third party's IT systems;

· perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Services account without permission, or falsifying your age or date of birth;

· improve the search engine optimization of a third party’s website, sell, cede or otherwise transfer the access granted under these Terms or any Materials (as defined above) or any right or ability to view, access, or use any Materials, or otherwise make money from all or part of your access to the Services (including any Materials and information hosted on or shared through the Services); or

· attempt to do any of the acts described in this Section 8 or assist, incite or permit any person into engaging in any of the acts described in this Section 8.

9. Modification of Terms

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Services. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Any other amendments to these Terms, other than those permitted in this Section 9, must be in writing and signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

10. Term, Termination, and Modification of Services

Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Services, and ending when terminated as described below.

Termination. If you violate any provision of these Terms, your authorization to access the Services and these Terms automatically terminate, and Airfair.io reserves the right to take all appropriate measures and instigate any legal proceedings against you and to notify and cooperate the relevant authorities where applicable. In addition, unless you are an Organizer that has separately contracted with Airfair.io regarding your use of the Services, Airfair.io may, at its sole discretion, terminate these Terms or your Account on the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice. If you are not an Organizer that has separately contracted with Airfair.io regarding your use of the Services, then you may terminate your Account and these Terms at any time by contacting customer service at customerservice@airfair.io.

Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your Account or the Services and your Account will automatically be deleted; and (c) any provisions that by their nature are intended to survive termination of these Terms will survive.

Modification of the Services. Airfair.io reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. Airfair.io will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.

11. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify Airfair.io, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the Airfair.io Entities) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

12. Disclaimers; No Warranties

THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. AIRFAIR.IO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. AIRFAIR.IO DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND AIRFAIR.IO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR AIRFAIR.IO ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AIRFAIR.IO ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND YOUR DEALING WITH ANY OTHER SERVICES USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Airfair.io does not disclaim any warranty or other right that Airfair.io is prohibited from disclaiming under applicable law.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AIRFAIR.IO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY AIRFAIR.IO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE AIRFAIR.IO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Third-Party Terms

Third-Party Services. Airfair.io may provide tools through the Services that enable you to export information, including User Content, to Organizers, Attendees, Exhibitors, advertisers, professionals, salespersons (including potential partners) and other third-party services (collectively, Third-Party Services). By using one of these tools, you agree that Airfair.io may transfer that information to the applicable Third-Party Services. Third-Party Services are not under Airfair.io’s control, and, to the fullest extent permitted by law, Airfair.io is not responsible for any Third-Party Services’s use of your exported information. Airfair.io will not take part in any disputes whatsoever between you and any Third-Party Services provider, particularly concerning Event participation, guarantees, declarations or any other obligations whatsoever to which Third-Party Services providers may be bound.

Linked Websites. The Services may contain links to third-party websites. Linked websites are not under Airfair.io’s control, and Airfair.io is not responsible for their content, adverts, products, services or availability (including websites run by Airfair.io’s third-party partners). Third-party websites are governed by their own terms and conditions of use.

Third-Party Software. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (Third-Party Components). Although the Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

15. Advertising

Airfair.io, in collaboration with the Organizer, reserves the right to include in any communication with you or on any portion of the Event Platform or the Services advertising and promotional messages at its discretion.

16. Airfair.io Entity, Governing Law and Venue

Services are being provided to you by AirfairCTWW SAS and your use of the Services constitutes an agreement by AirfairCTWW SAS and by you to be bound by these Terms. AirfairCTWW is a SAS (simplified joint stock company) registered on Paris' trade and corporate register under number 889 006 706, headquartered at 7 Place de l'Hôtel de Ville 93600 Aulnay-sous-Bois, and you may contact AirfairCTWW SAS by sending correspondence to that address or by emailing us at legal@Airfair.io.

These Terms are governed by the laws of France without regard to conflict of law principles, and the only court competent to deal with any dispute between you and AirfairCTWW SAS that may arise about their validity, interpretation or performance, unless there is a contrary and mandatory procedural requirement, will be the competent jurisdiction of Paris, France.

17. Miscellaneous

General Terms. These Terms, together with the Privacy Policy, the Organizer Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Airfair.io regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to” and the use of the word “Services” includes any Event Platform created through the Services. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Privacy Policy. Please read the Airfair.io Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Airfair.io Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Additional Terms. Your use of the Services are subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services, which are all incorporated by this reference into, and made a part of, these Terms.

Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Consent to Electronic Data as Proof of Admittance. If you are outside of the United States, then you acknowledge and agree that: (a) data collected by the Application and on Airfair.io's IT equipment is a true reflection of the transactions taking place under the scope of this agreement; and (b) this data constitutes the main mode of proof admitted by the parties.

No Support. We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.

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