We may update these Terms from time to time. If we do this, we will post the changes to these Terms on this or another applicable page and will indicate at the top of the page the date the Terms were last revised. Such updated Terms shall be effective immediately upon posting. Your continued use of the Site or the Service after any such changes constitutes your acceptance of the new Terms. Age RestrictionsThe Site and Service are not designed for use by persons under the age of 13. If you are under the age of 13, you may not use the Site or the Service. Persons under 18 or the age of majority in their jurisdiction may only use the Site and Service with their parent or legal guardian’s permission.
Yeti operates the Virtualfest service (the “Service”), which allows individuals or organizations (“Hosts”) to hold virtual events (“Events”) in which their guests (“Guests”) can participate.
Subject to compliance with these Terms, including payment of all fees due, Yeti grants to Hosts and their Guests the right to access and use the Service during the period agreed with a Host in an Order (the “Subscription Term”). Hosts are responsible for Guests’ compliance with these Terms and will secure Guests’ agreement to these Terms prior to granting Guests access to the Event or Service. The Service must be used in accordance with any documentation, specifications and usage limits provided by Yeti. If you exceed a contractual usage limit, Yeti may work with you to seek to reduce your usage so that it conforms to that limit. If, notwithstanding Yeti’s efforts, you are unable or unwilling to abide by a contractual usage limit, Yeti may terminate these Terms and your access to the Service.
Hosts are responsible for the activities of their Users and Guests (“End Users”) who access or use the Service, and agree to ensure that any such End User will agree to and comply with the terms of this Agreement.
Beta Services. Yeti may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Yeti makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and your use of a Beta version is at your sole risk.
Event Customization and Other Professional Services
Yeti may develop a custom Event environment or provide other services to enable or optimize a Host’s use of the Service, which may include without limitation implementation, ongoing support, custom development, and individualized training (“Custom Services”). All Custom Services will be provided subject to a separate Order executed by the Parties and additional terms set forth in a Custom Services Addendum.
The employees and contractors of Hosts may access and use the Service on Host’s behalf (each, a “User”). Each User may be required to provide a username, email address, password, or other personal information to create and manage an Account (“Login Credentials”) and must keep its Login Credentials confidential and not share them with anyone. Host is responsible for its Users’ compliance with this Agreement and the actions taken through its Login Credentials. If Host becomes aware of any compromise of a User’s Login Credentials, Host will let Yeti know as soon as possible.
Use of the Site and Service requires one or more compatible devices, internet access (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Site and Service involves hardware, software, and internet access, your ability to access and use the Service may be affected by the performance of these factors. High speed internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
Yeti will use commercially reasonable efforts to make the Service available in line with industry standards, subject to downtime for planned downtime or due to any cause beyond Yeti’s reasonable control.
You agree to pay all fees set forth in an Order. All fees are payable in U.S. dollars. Unless otherwise explicitly provided in an Order, all fees are charged in advance. All fees and expenses are non-cancellable and non-refundable except as set out in these Terms or the applicable Order.
You agree that Yeti may charge to your credit card or other payment mechanism selected by you and approved by Yeti ("Your Account") all amounts due and owing for the Service, including taxes and all fees or charges. If an Order specifies that payment will be by a method other than a credit card, Yeti will invoice you in advance and otherwise in accordance with the relevant Order.
Yeti uses a third-party payment processor (the “Payment Processor”) for credit card payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. Yeti is not responsible for errors made by the Payment Processor, or otherwise in connection with the processing of transactions.
The fees do not include any sales or other applicable taxes, levies, duties, or similar assessments assessable by any jurisdiction. Each party is responsible for their own tax obligations. If Yeti has the legal obligation to pay or collect taxes for which you are responsible, the appropriate amount will be invoiced to and paid by you, unless Yeti is provided with a valid tax exemption certificate authorized by the appropriate taxing authority.
You agree that in the event Yeti is unable to collect the fees owed to Yeti, Yeti may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Yeti in connection with such collection activity, including collection fees, court costs and attorneys' fees.
You agree that you will not use, and will not permit any User or Guest to use, the Service to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code or non-public APIs of the Service or any component thereof; (ii) knowingly or negligently use the Service in a way that abuses, interferes with, or disrupts Yeti’s networks or the Service; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Service any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Service; or (vi) use the Service to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Service in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Yeti or other users of Service; (viii) engage in any activity or use the Service in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Service, or any servers or networks connected to the Service or Yeti's security systems; (ix) obtain or attempt to obtain the Service by any means or device with intent to avoid paying the fees that would otherwise be payable for such access or use; (x) create Internet “links” to or from the Site or the Services, or “frame” or “mirror” any content forming part of the Site or the Services, or license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party; (xi) remove or obscure any proprietary or other notice contained in the Site or the Services; (xii) use the Service in any manner that Yeti determines in its reasonable discretion will cause damage to other users of the Service or Yeti’s reputation; or (xiii) use the Service in violation of any Yeti policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and you agree that you are solely responsible for compliance with all such laws and regulations.
You retain all rights you already hold in any materials, trademarks or data sent or transmitted by you or displayed or uploaded by you in using the Service (“Your Content”), and Yeti obtains no rights to Your Content other than the licenses granted herein. You agree that you are solely responsible for Your Content and for compliance with all laws pertaining to Your Content, including, but not limited to, laws requiring you to obtain the consent of a third party to use Your Content and to provide appropriate notices of third party rights. You represent and warrant that you have the right to upload your Content to the Service and that such use does not violate or infringe on any rights of any third party. Although Yeti is not responsible for Your Content, Yeti may delete any of your Content, at any time without notice to You, if Yeti becomes aware that it violates any provision of this Agreement, any third party right, or any law.
You hereby grant Yeti a non-exclusive, worldwide right to use, copy, store, transmit, display, modify, and create derivative works of Your Content, solely to the extent necessary to manage, improve, and provide the Service and related services, as well as to provide support to you.
You acknowledge and agree that Yeti may preserve and/or disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things: comply with legal process, applicable laws or government requests, enforce these Terms, respond to claims that any content violates the rights of third parties, or protect the rights, property, or personal safety of Yeti, its users and/or the public.
Neither Party grants the other any rights or licenses not expressly set out in this Agreement.
You acknowledge and agree that you acquire no ownership or other interest (other than the license rights expressly stated herein) in or to the Site, the Service, or any content contained therein. Subject to the limited rights expressly granted hereunder, Yeti and its licensors reserve all of their right, title and interest, including all intellectual property rights, in and to the Site and Service and content contained therein (other than Your Content). No rights are granted to you hereunder other than as expressly set forth herein.
If you provide Yeti with feedback or suggestions regarding the Site, Service or other Yeti offerings, we may use the feedback or suggestions without restriction or obligation to you.
You agree that you are solely responsible for your interactions with Guests, Hosts, and any other user of the Site or Services, and Yeti has no liability or responsibility with respect thereto. Under no circumstances are we liable in any way for your Content or any materials transmitted or displayed by you or other users of the Site or Service, including, but not limited to, for any errors or omissions in any such content or materials. We are also not liable for any loss or damage of any kind incurred as a result of the use of any content or materials transmitted or displayed by you or other users of the Site or Services. You agree that you must evaluate, and bear all risks associated with, the viewing or use of any content or materials transmitted or displayed, including any reliance on the accuracy, completeness, or usefulness of such content.
Use of Interactive Features
The Service may include interactive features, such as chat functions, bulletin boards, virtual business cards, and other communication features that allow you to communicate with other users of the Service, the Host or other persons. Communications through these features are not confidential, and may be accessed by persons other than any individual you intend to communicate with, including without limitation Yeti, the Host and other Users, regardless of whether you direct the communication to specific individuals. You should not communicate any confidential information through these services, and Yeti shall have no obligation to protect the confidentiality of such information.
If a Host’s use of the Services requires Yeti to process any personally identifiable information (“PII” or “Personal Data”), Yeti shall do so in compliance with our Data Processing Addendum, which is incorporated in these Terms.
You represents and warrant to Yeti that you have all necessary rights, consents, and permissions to use and submit Personal Data to the Service, all without violating or infringing any applicable laws, third party rights (including intellectual property, publicity, or privacy rights), or any terms or policies governing Personal Data.
Right to use de-identified dataYou hereby grant to Yeti a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use both (a) internal Yeti analytic and log data regarding the processing of Customer Data and use of the Service, and (b) Customer Data solely in a de-identified, aggregated form (in which neither an individual person nor a Host can feasibly be identified), to improve the Service, including in connection with the improvement of user interface and experience, and the creation and development of analytical and statistical analysis tools related to collected data.
Term and Termination
These Terms shall commence upon the earlier of your first use of the Site or Service or entering into your first Order, whichever is sooner, and shall continue until terminated as set forth herein.
Orders may be terminated by a party if the other party: (a) fails to cure a material breach of the Order or Terms (including a failure to pay fees) within 30 days after written notice; (b) ceases operation without a successor; or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if such a proceeding is instituted against that party and not dismissed within 60 days.
If Yeti terminates an Order for your material breach, you will promptly pay Yeti any outstanding fees or expenses due and any fees for the terminated portion of the Subscription Term.
If You terminate an Order for Yeti’s material breach, then, at your request, Yeti will refund to you any pre-paid, unused fees for the terminated portion of the Subscription Term. In no event will any termination relieve you of the obligation to pay any expenses and fees payable to Yeti for the period prior to the effective date of termination. Except where an exclusive remedy is provided, exercising a remedy under this Agreement does not limit other remedies a party may have.
Upon expiration or termination of an Order, your access to the Service will immediately cease.
These Sections will survive expiration or termination of this Agreement: Fees, Your Content, Intellectual Property/Feedback, Personal Data, Indemnity, Disclaimers/No Warranties, Limitation of Liability; Customer Lists/Case Study; Governing Law/Arbitration/Class Action Waiver; Miscellaneous.
Any use of the Service in breach of these Terms or that in Yeti’s judgment threatens the security, integrity or availability of the Site or Service, may result in Yeti’s immediate suspension of the Services. Where practicable, Yeti will use reasonable efforts to provide prior notice of any suspension. Once the issue requiring suspension is resolved, without limiting any Yeti remedies, Yeti will restore access to the Service in accordance with this Agreement.
Third Party Services & Third Party Sites
You may choose to use the Service together with third party services (“Third Party Services”). For example, teleconferencing services at the Event may be provided by third party teleconferencing providers. You acknowledge that Third Party Services do not form part of the Service and that your use of Third Party Services is subject to your agreement with the relevant provider and not this Agreement. For clarity, because Third Party Services are not controlled by Yeti and do not form part of the Service, Yeti bears no responsibility or liability for Third Party Services, including their security, availability, functionality, or inoperability, or any effect they may have on Your Content or how the Third Party Services or their providers use Personal Data. If You enable a Third Party Service with the Service, Yeti may access and exchange Your Content and Personal Data with the Third Party Service on your behalf and instruction, and as appropriate to allow interoperation of the Third Party Service with the Service. Use of the Service with a Third Party Service does not expand your rights or our obligations under this Agreement.
The Site and/or Service may contain links or other access points that will take you and your information to other websites and resources that are not operated or controlled by Yeti (“Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. Your access to and use of such Third Party Sites is solely at your own risk and is subject to the terms and conditions of use and privacy policies applicable to such Third Party Sites. When you interact with a Third Party Site, it is your responsibility to understand all applicable terms, conditions, and policies applicable to such Third Party Sites.
You will defend Yeti, its employees, managers, and licensors from and against any third party claim to the extent related to or arising from Your Content, your use of the Site or Service, or your breach or alleged breach of (a) this Agreement, or (b) any applicable law or regulation; and you will hold harmless and indemnify Yeti against any damages or costs awarded against Yeti (including reasonable attorneys’ fees) or agreed in settlement by you resulting from the claim. Yeti shall promptly notify you of the assertion of any claim covered by this Section. Failure to so notify shall not relieve you of your obligations hereunder except to the extent such failure actually and materially caused prejudice. You may, at your expense and option, cooperate in the defense of or response to such claim.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICE, AND ANY CONTENT THEREIN ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YETI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT YETI DOES NOT WARRANT THAT:THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,THE SITE OR THE SERVICES ARE NOT VULNERABLE TO FRAUD OR UNAUTHORIZED USE, ORTHE FEATURES OR FUNCTIONALITIES OF THE SITE OR THE SERVICES WILL BE AVAILABLE AT ANY TIME IN THE FUTURE.YOU ARE responsible and YETI shall have no responsibility for determining that YOUR proposed use of the SITE AND/OR THE SERVICE complies with applicable laws WHERE YOU ARE USING THE SITE OR THE SERVICE OR in YOUR jurisdiction(S).
Limitation of Liability
Except for indemnification obligations, your breach of the Prohibited Use section or failure to pay fees, (a) neither Party shall be liable to the other for any lost profits or for any special, incidental, indirect, exemplary, punitive, or consequential damages arising out of or in connection with this Agreement (whether from breach of contract, negligence, strict liability or other cause of action), even if such Party has been advised of the possibility of such damages, and (b) neither Party’s liability arising out of this Agreement will exceed the amounts paid or payable by You to Yeti in the twelve (12) months prior to the claim. The parties acknowledge that this section has been included as a material inducement for the parties to enter into this agreement and that each Party would not have entered into this agreement but for the limitations of liability as set forth herein.
Compliance with Law/Anti-corruption and Export
Each party will comply with all applicable laws in performing under this Agreement.
The Service and other Yeti technology, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You will not, and will not permit any Guest or User to, access or use the Service in a U.S.-embargoed country or region or in violation of any export law or regulation.
Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.
Customer Lists/Case Study
Yeti may use (i) your name, trademarks and logos; and (ii) approved examples of work product produced for you, in Yeti promotional materials, including its website and customer lists. Yeti shall comply with any trademark guidelines provided to Yeti in writing.
At Yeti’s request, you will work with Yeti to produce a case study that describes Yeti’s work for you and includes supporting quotes from you. Yeti may make such case study available to the public, including through its website and other marketing channels.
Governing Law/Arbitration/Class Action Waiver
These Terms and your use of the Site or the Services shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules in any jurisdiction.
Any suit, action, proceeding or dispute arising out of or in connection with these Terms or your use of the Site or the Services that are not resolved by mutual agreement shall be finally resolved by binding arbitration before a single arbitrator pursuant to the rules and under the auspices of the American Arbitration Association. The arbitrator shall be knowledgeable in the chosen law and the software-as-a-service industry. At either party’s request, the arbitrator shall give a written opinion stating the factual basis and legal reasoning for his or her decision. The arbitrator shall have the authority to determine issues eligible for arbitration and to award damages consistent with those permissible herein, but will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive, exemplary, or any other damages that are specifically excluded under these Terms. The arbitrator may, in their discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. The parties, their representatives, and any other participants shall hold the existence, content, and result of arbitration in confidence. The arbitration proceedings shall be conducted in the English language and take place in San Francisco, CA and each party irrevocably submits to such exclusive jurisdiction and waives any objection based on improper venue or forum non conveniens. Notwithstanding the foregoing, either party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). Also, the provisions of this arbitration section are enforceable by any court of competent jurisdiction.
If you are located in the United States, you agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions of this Section. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
If you are a copyright owner or an agent thereof and believe any content on the Site or Service infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to our designated agent below containing the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where of the material that you claim is infringing is located on the Site, (d) your address, telephone number, and email address,(e) a written statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law and (f) a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Designated Copyright Agent to receive notifications of claimed infringement is: (Copyright Manager, firstname.lastname@example.org, 415-766-4198, PO Box 3964, Truckee, CA 96161). Please send only DMCA notices to our Designated Copyright Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.
Repeat Infringer Policy
Our Terms prohibit people from taking any action on the Site or Service that infringes or violates someone else's intellectual property rights or otherwise violates the law.
If you repeatedly transmit or post content that infringes someone else’s intellectual property rights, such as copyrights or trademarks, Yeti may terminate your use of our services; limit your ability to use our services; and/or take any other action Yeti believes necessary to end the infringement and ensure that it does not reoccur. The actions taken under this policy may depend on the particular circumstances of the matter, such as the nature of the violation, the particular content infringed, what aspect of our services were used to commit the violation, and the results of any appeals process that we provide.
Notices to be given or submitted pursuant to these Terms shall be in writing and directed to the address or email on file or otherwise provided to the other party in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt), (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested) or by certified or registered mail, return receipt requested, postage prepaid or (c) if it is delivered by email. The parties acknowledge that they are acting as independent contractors who are solely responsible for their own actions or inactions and that no joint venture, franchise, partnership, agency, or other relationship shall be created or implied by these Terms. If any court of competent jurisdiction adjudges any provision of these Terms to be to be illegal, unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable, but shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms constitute the sole and entire agreement between the parties with respect to the subject matter contained herein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Except for our right to make changes to these Terms as expressly stated above, these Terms may only be amended, modified or supplemented by an agreement in writing by non-preprinted agreements clearly understood by both parties to be an amendment and signed by each party hereto. No waiver by of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the waiving party. In addition, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The English language version of these terms will be the version used when interpreting or construing these terms.
PO Box 3964
Truckee, CA 96161