Terms of Use

1. Our Role in Events

Firsthand Event provides technology that Organizers use to run their own events. We are not the organizer, host, promoter, or owner of any event listed on the Service, and we are not a party to any agreement between an Organizer and a Guest.

Organizers are solely responsible for their events, including the accuracy of event listings, the price and availability of registrations, the conduct of the event itself, any refund or cancellation policy they choose to apply, and compliance with all laws applicable to their event. We do not control and do not endorse any event or Organizer, and we do not guarantee that an event will take place, that it will be as described, or that any particular experience will be delivered.

If you have a question, complaint, or dispute concerning an event — including questions about cancellations, changes, or refunds — you must raise it directly with the Organizer of that event. Firsthand Event is not liable for an Organizer's acts or omissions.

2. Content

You are responsible for any content you submit to the Service, including event descriptions, images, registration responses, and messages. You represent that you have the rights necessary to submit that content and that it does not infringe anyone else's rights or violate any law.

By submitting content, you grant Firsthand Event — and, where the content relates to an event, the Organizer of that event — a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute that content for the purpose of operating, providing, and improving the Service. This license lasts as long as we need it to run the Service and to keep the records the law requires us to keep.

We may remove or restrict any content that we reasonably believe violates these Terms or applicable law, but we have no obligation to monitor or review content.

3. Links to Other Websites

The Service may contain links to websites and services that Firsthand Event does not own or control, including sites operated by Organizers and by our vendors. We are not responsible for the content, policies, or practices of any third-party site, and including a link does not mean we endorse it. Your use of a third-party site is governed by that site's own terms and privacy policy, and it is your responsibility to review them.

4. Acceptable Use

You agree not to:

• use the Service for any unlawful, fraudulent, deceptive, or harmful purpose, or to promote an event that is unlawful;
• impersonate any person or organization, or misrepresent your affiliation with one;
• interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service, its infrastructure, or any account belonging to another user;
• probe, scan, or test the vulnerability of the Service, or circumvent any security, authentication, rate-limiting, or access-control measure;
• scrape, harvest, or systematically collect data from the Service — including names, email addresses, or other contact information — by any automated or manual means;
• resell, sublicense, or commercially exploit the Service except as expressly permitted by these Terms;
• upload malware or any code designed to damage, disable, or impair the Service; or
• access the Service other than through the interfaces we publicly provide and support.

5. Consent

If you import, upload, or otherwise supply contact information for other people — for example, a guest list or an attendee import — you represent that you have that person's explicit consent to provide their information to us and to send them communications about your event through the Service.

You are responsible for complying with all laws that apply to the messages you send through the Service, including anti-spam and electronic-communications laws. We may suspend or terminate any account that we reasonably believe is sending unsolicited communications or has supplied contact data without consent.

6. Copyright, Trademarks, and Other Intellectual Property

The Service, and all software, text, graphics, layouts, and other materials that we provide as part of it, are owned by Firsthand Event or our licensors and are protected by copyright, trademark, and other intellectual-property laws. ATTEND and the Attend logo are trademarks of Firsthand Event, Inc.

Except for the ordinary use of the Service permitted by these Terms, you may not copy, reproduce, republish, modify, distribute, or create derivative works from any part of the Service without our prior written permission. Nothing in these Terms transfers any ownership interest in the Service to you.

Content submitted by Organizers and Guests remains the property of whoever owns it, subject to the license described in Section 2.

7. Copyright Infringement

We respond to notices of alleged copyright infringement. If you believe content on the Service infringes a copyright you own or represent, send a notice to team [at] firsthandevent [dot] com that includes: your contact information; identification of the work you claim is infringed; identification of the material you claim is infringing and where it appears on the Service; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on the owner's behalf; and your physical or electronic signature.

We may remove material that is the subject of a valid notice, and we will terminate the accounts of repeat infringers in appropriate circumstances.

8. Submissions

If you send us feedback, suggestions, or ideas about the Service, you agree that we may use them for any purpose, commercial or otherwise, without any obligation to you. Submissions of this kind are not confidential, and we are not required to compensate you or credit you for them. This section does not apply to content you submit as part of running or attending an event, which is covered by Section 2.

9. Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FIRSTHAND EVENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any information obtained through the Service is accurate or complete. You use the Service at your own risk.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FIRSTHAND EVENT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY RECEIVED BY FIRSTHAND EVENT FROM YOU IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Firsthand Event and its officers, directors, employees, and agents from any claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or relating to your use of the Service, any event you organize or attend, any content you submit, your violation of these Terms, or your violation of any law or the rights of any third party.

12. Export Controls and Designated Persons

You may not use or export the Service in violation of United States export laws and regulations. You represent that you are not located in, and are not a national or resident of, any country subject to a U.S. embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms or if we need to do so to protect the Service, our users, or Firsthand Event. You may stop using the Service at any time.

Sections that by their nature should survive termination will survive, including Sections 2, 6, 8, 9, 10, 11, 15, and this sentence.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. If a change is material, we will provide additional notice, such as an email or a notice within the Service. Your continued use of the Service after a change takes effect means you accept the revised Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

Please read this section carefully. It requires most disputes to be resolved by binding individual arbitration and limits the ways you can seek relief from us.

Binding arbitration. Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in New York, New York, or by videoconference or on the written submissions alone if you prefer. The arbitrator's decision may be entered as a judgment in any court of competent jurisdiction.

Class-action waiver. You and Firsthand Event each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — will proceed in court under the venue provision below.

Your right to opt out. You may opt out of this arbitration agreement by sending written notice to team [at] firsthandevent [dot] com within thirty (30) days of first accepting these Terms. Your notice must include your name and the email address associated with your use of the Service. Opting out has no effect on any other part of these Terms, and it will not affect your relationship with us in any other way.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect its intellectual-property rights.

Venue. For any dispute not subject to arbitration, you and Firsthand Event agree to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and each party waives any objection to venue in those courts.

Time limit. Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after it arises, or it is permanently barred, except where a longer period is required by law.

16. General

These Terms are the entire agreement between you and Firsthand Event regarding the Service. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

17. Contact Us

Firsthand Event, Inc.
New York, NY
team [at] firsthandevent [dot] com