Welcome to BusyConf.com and thank you for taking the time to review our terms and conditions (the “Agreement”) carefully. By accessing BusyConf.com (referred to as “BusyConf.com” or the “Site”) or by otherwise accessing or using any content, software, products or services available through the BusyConf.com, you are deemed to have entered into an agreement with BusyConf LLC, a Colorado limited liability company (“We,” “Us,” or “BusyConf”) and to have agreed to be bound by the Terms set out below.
By using the Site and/or by creating an account or making a purchase with us, you are agreeing to all of the terms of this Agreement. We strongly recommend that you read this Agreement and the related agreements referred to in this document, as they may contain further terms and conditions that apply to you as a BusyConf.com user (“User”). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our services or our Site.
Our Site and services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18), unless they are at least thirteen years old and using the Site with the authorization and assistance of their parent or guardian.
Our Site is a venue for conference organizers, conference participants, and conference attendees to interact and to use tools and features that make conferences better. We offer tools to improve both the operation of events and participation at such events. There is no cost to you to view the Site, however you may purchase tickets to events on our Site if you choose.
You agree to use the Web Site only to view content and participate in the services as allowed by BusyConf. Users of the Site shall not:
Actions that contravene these prohibitions or that otherwise compromise the security of the Site or BusyConf’s system or network may result in civil or criminal liability. We will investigate suspected compromises of security, may take any action we deems necessary or appropriate in response to any contravention of these prohibitions or in response to security compromises, and may cooperate with law enforcement authorities in prosecuting users who are involved in such compromises and/or violations.
There may be links established between BusyConf.com and other sites on the Internet, which are not under the control of, or maintained by, us. Such links do not necessarily constitute an endorsement by us of those sites. We undertake no obligation to monitor such sites, and you agree that we are not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.
Without limiting other remedies, we may limit your activity, immediately remove your postings, content, and all other material for which we believe, in our sole discretion, you are the source, warn our community of your actions, issue a warning, and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without either obtaining the prior written consent of the owner of such proprietary rights or acting pursuant to the terms of this Agreement. If you believe that material posted on our Site constitutes copyright infringement of your work(s), you may provide our Copyright Agent with the following information:
Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us in accordance with the Digital Millennium Copyright Act (“DMCA”). We have designated an agent to receive notification of alleged copyright infringement occurring on the Site. Please send all DMCA notices to:
603 S Public Rd #191
Lafayette, CO 80026
BusyConf offers Users the ability to purchase tickets to conferences, conventions, and other events. These events are not provided by BusyConf. We also offer event organizers the opportunity to promote their events on the Site. If you choose to purchase a ticket or tickets from BusyConf.com for which there is a charge, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. Your charge will be authorized at the time you order. You agree to provide us with truthful and accurate contact and billing information when you place an order with us. Because the events are provided by third parties and not Us, BusyConf does not offer refunds and all transactions are final when completed on the Site. BusyConf reserves the right to change our features and services, fees, terms of sale, or billing methods at any time. We will provide timely notice to the affected Users of any such changes. You acknowledge and agree that event organizers and providers that promote and offer events through the Site, whether for free or for charge, are solely responsible for their content and events and that BusyConf has not and does not review, approve, or otherwise endorse such information, content, or events.
Payment processing services for event organizers on BusyConf are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as an event organizer on BusyConf, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of BusyConf enabling payment processing services through Stripe, you agree to provide BusyConf accurate and complete information about you and your business, and you authorize BusyConf to share it and transaction information related to your use of the payment processing services provided by Stripe.
BusyConf offers event organizers with the ability to easily upload content about their event and promote and sell tickets to their events on the Site. BusyConf will handle the ticket sale transactions for you. When tickets for events that you are organizing have been sold, BusyConf will notify you via email and through your account with the Site. When you upload your content to the Site, you are granting us a perpetual, non-exclusive, royalty-free, worldwide, transferable, and sub licensable license and right to display, promote, and republish the content in any media. We do not claim ownership of your content but by uploading content, you expressly grant the right to BusyConf to republish and display such content through the Site. You warrant and represent that (a) you are the copyright owner of your content or you have the permission of the copyright owner; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) your content will not violate the intellectual property rights of any individuals or entities. You acknowledge that BusyConf is not responsible for the accuracy of any content that you create or upload to our Site. You are prohibited from posting or submitting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. You further acknowledge that we do not pre-screen content, but that we have the right in our sole discretion to block or restrict access to or the availability of, or to disable, any content that is available via the Site. Without limiting the foregoing, we may disable or restrict access to or the availability of any content that violates these Terms, which is otherwise objectionable, or which we in our sole discretion decide to disable or restrict. Payments for your ticket sales, minus the commission due to us, minus fees due to the credit card companies, and minus any refunds or dispute chargebacks will be made to you via check and you must submit a completed IRS W-9 form to us prior to payment being made to you. You will then be issued an IRS 1099 form for the payments you receive, as required by law.
WE, OUR AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES OFFERED WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY PROVIDERS OR THAT PROVIDERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OR DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BUSYCONF. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES.
BECAUSE BUSYCONF IS, IN PART, A VENUE FOR INTERACTIONS BETWEEN USERS AND EVENT ORGANIZERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS AND/OR EVENT ORGANIZERS, EACH OF YOU AGREES TO RELEASE BUSYCONF, OUR AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 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.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY BUSYCONF.
IN NO EVENT SHALL WE, OUR AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION CLAIMS OF NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold us and our agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your event or an event you may attend, your violation of any law or the rights of a third party, or any claim or demand alleging such breach or violation.
You agree that you will provide us with thirty (30) days’ notice of a claim asserted against us. We will then elect within thirty 30 days of receipt of such notice, and also again at our option within ten (10) days of service on us of any legal process initiating an arbitration or litigation, whether to arbitrate the controversy or claim arising out of or relating to this Agreement and/or your use of the Site. Any such arbitration will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Each such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boulder County, Colorado, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. We may elect the remedy of resolving the dispute outside of binding arbitration by declining to initiate or participate in such arbitration. If such an election of remedy is made, either expressly or by failure to elect to proceed with arbitration, and under every other circumstance in which legal action is initiated, the sole and exclusive jurisdiction and venue for a legal action shall be in the state or federal courts located in Boulder County, Colorado, USA.
BusyConf grants a limited license to each User to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the services (other than the transactions contemplated in accordance with this Agreement), making any derivative work of the Site or the services outside of the Site, the collection and use of User e-mail addresses or other participant information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.
This is the entire Agreement. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed exclusively in accordance with, the laws of the State of Colorado, USA, without regard to that state’s conflicts of law provisions. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of BusyConf in accordance with applicable law and the remainder of the Agreement shall remain in force. All notices and other communications provided for herein shall be in writing and delivered to each party at the address set forth in this document, or as updated from time to time by the parties in writing. The parties to this Agreement are independent entities and an agency, joint venture, partnership, fiduciary relationship, or any other relationship other than in the nature of independent contractor, shall not arise from this Agreement, and no party has the right or authority to act for, or on behalf of, the other party. Headings are for the convenience of reference only and do not alter the rights and obligations of the parties. No party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, acts or omissions of vendors or suppliers beyond the control of the parties. The provisions of this Agreement are not for the benefit of any third party. Provisions of this Agreement that are intended to survive this Agreement shall survive.
Except as explicitly stated otherwise, all notices to BusyConf shall be given by overnight and postal mail to BusyConf, LLC, 603 S Public Rd #191, Lafayette, CO 80026 (in the case of BusyConf) or to the email address you provide to BusyConf during the account creation process, if you have registered with the Site (in your case). Notice shall be deemed given 24 hours after an email is sent to you based upon the email address contained in your registration records, if one exists, whether or not the email address is valid.