Last Revised: September 27, 2011
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE SERVICES.
If you have any question regarding the use of the Site of the Services, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to email@example.com.
2. Description of Services
Trumba provides and hosts for its clients (“Clients”) customizable web calendars (the “Client Calendars”), together with event promotion and registration tools (collectively, the “Client Services”). Client Calendars may generally be accessed either through the Site or through the Client’s Web sites. Trumba also makes available to end-users who access such Client Calendars (“End-Users”), online calendar, scheduling, reminder, event registration, event information and publishing, and email and text messaging services (the “End-User Services”). Together, the Client Services and the End-User Services shall be referred to as the “Services.” Clients are responsible for establishing and maintaining their own Client Calendar and event information and for the use of their Client Calendars by any person or entity. Trumba may impose limits on various calendar or other functions, as it may determine in its sole discretion. Trumba may choose, at its sole option and at any time upon notice to Client, not to have certain Client Calendar accessible through the Site. In such event, the Client Calendar shall only be accessible through the Client's Web Site and will not be searchable.
Clients have the option of restricting access to Client Calendars through the use of the available privacy settings. If such settings are not utilized, calendars may be publicly accessible and viewed by anyone. You understand and acknowledge that if calendars are not designated as private, they could be accessed, indexed, archived, linked to and republished by others including without limitation search engines.
Additionally, as part of the End User Services, Trumba may facilitate an End Users’ payment of event registration fees (“Registration Fees”) on your behalf if you elect to purchase event registration services from Trumba (“Registration Payment Services”). You acknowledge that Trumba does not collect payments directly from End Users for such Registration Fees, and in connection with such Registration Payment Services, only directs End Users to our authorized third party payment processors for such processors to collect and process the payment of Registration Fees directly from the End Users. Trumba has no obligation with respect to any billing dispute between you and any End User or arising out of or related to the event Registration Payment Services, Registration Fees or payment processing services, and Trumba shall not be responsible for issuing any refunds to any End Users under any circumstances. Without limiting the foregoing, Trumba may, in its discretion, provide features and functionality in the Services in order to assist Client account administrators in collecting and issuing refunds of Registration Fees from you to your End Users.
3. Registration and Subscriptions
Unless you arrange to be separately invoiced from Trumba and except for Registration Payment Service Fees, you must provide Trumba with a valid credit card for payment of the Subscription Fees and you hereby authorize Trumba to charge the Subscription Fees in advance each month to such credit card until you have cancelled your subscription. Trumba will not automatically charge your credit card for Page View Fees, without your authorization. Once you have agreed to a plan covering the Page View Fees, then Trumba is authorized to and will automatically charge your credit card for such Page View Fees in accordance with such plan, unless you have made other payment arrangements.
Regardless of how frequently you pay Subscription Fees, Registration Payment Service Fees will be invoiced by Trumba within thirty (30) days following the month in which such fees are assessed. All invoices for Registration Payment Service Fees must be paid by you within thirty (30) days of the date of the applicable invoice. You are solely responsible for paying any sales, use or other taxes (except for taxes based on Trumba’s income) for your use of the Services. In the event that the Subscription Fees, Page View Fees or Registration Services Fees (collectively, “Fees”) are not paid on a timely basis, including due to an invalid credit card number, or you are otherwise in breach of this Agreement, Trumba may, in addition to any other available remedies, suspend or terminate your account as set forth in Section 4.
Only one individual may access the Service at the same time using the same username and password. In order to register, you must be 18 years of age or older. If children between the ages of 13 and 18 wish to use the site, they must be registered by their parent or guardian. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form is complete and accurate. Trumba reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion.
In consideration of your use of the Site or the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Trumba, to keep it accurate, current and complete; and (d) immediately notify Trumba of any unauthorized use of your account or password or any other breach of security and accept all risks of unauthorized access to the Registration Data and any other information you provide to Trumba.
4. Changes to Services; Termination
Trumba reserves the right at any time, without notice and in its sole discretion, to modify or discontinue the Services or to terminate or suspend your account and your license to use this Site, without any liability to you or any other person. You must agree to be bound by any modifications in order to continue using the Services. If you do not agree to the modifications, you must discontinue your use of the Services.
Upon termination of your account for any reason, any information you have stored on the Site, including calendar entries and End User registrant information, may no longer be retrieved, so you should make a backup copy of any such information on a regular basis and before terminating your account. Trumba will not be responsible or liable for any loss of such information for any reason. For information about refunds of Subscription Fees in the event of termination please see the Billings and Account Questions portion of our Site. There are no refunds of any Subscription Fees, Registration Payment Services Fees or Page View Fees in the event of any suspension or termination of the Services except as set forth therein
Any software provided by Trumba and used in connection with the Service (the “Software”) shall be used under license and shall be governed by the terms of the end user license agreement accompanying such software. If you receive or are given access to any software that is not accompanied by a EULA, then Trumba grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Trumba Service and in accordance with this Agreement. Trumba reserves all rights to such software not expressly granted to you in any EULA or in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Trumba or its suppliers own all right, title and interest in and to such software (including all intellectual property rights), and such software is licensed, not sold to you. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law.
6. Copyright and Limited License to Site
Unless otherwise indicated, the Site, the Software and all content and other materials on the Site, including, without limitation, the Trumba logo, and all designs, text, graphics, pictures, images, information, data, software, messages, calendars and other files and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Trumba or its licensors or users and are protected by U.S. and international copyright laws.
TRUMBA, the Trumba logos and any other product or service name or slogan of Trumba contained in the Site or used in connection with the Services are trademarks of Trumba, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Trumba, except for use of the Trumba name to accurately refer to Trumba. You may not use any metatags or any other “hidden text” utilizing “Trumba” or any other name, trademark or product or service name of Trumba without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Trumba and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Trumba or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Trumba logo or other proprietary graphic of Trumba to link to this Site without the express written permission of Trumba. Further, you may not use, frame or utilize framing techniques to enclose any Trumba trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Trumba's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Trumba or any third party.
Trumba makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site (including, without limitation, any third party payment processing sites used in connection with the Registration Payment Services), or Web sites linking to the Site. Such sites are not under the control of Trumba, and Trumba is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Trumba provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Trumba of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
9. Third Party Content
Client Calendars hosted by Trumba contain, and Trumba may provide links to Web pages containing, content of third parties (“Third Party Content”). Trumba does not monitor or have any control over any Third Party Content or third party Web sites. Trumba does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Trumba does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. End Users use these links and Third Party Content contained therein at their own risk.
10. Text Messaging Services
The End-User Services may include certain services that are available via your mobile phone, including text messaging you event reminders or event info as you request (the “Text Messaging Services”). Trumba does not charge for these Text Messaging Services. However, your carrier's normal, messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By requesting Text Messaging Services, you agree that Trumba may communicate with you via SMS, text message or other electronic means to your mobile device.
11. Rules of Conduct for Services and Interactive Areas
The Site and the Services may contain interactive areas, such as calendars, forums, message boards, messages services and chat rooms (the “Interactive Areas”), that enable you or third parties to create, post, transmit or store calendar entries, emails, messages, text, images, photos, graphics, music, sound, data, information, or other materials, items or content on the Site (the “User Content”). You are solely responsible for your use of such Services and Interactive Areas and the User Content and use them at your own risk. By using any Services and Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or the Services any of the following:
- a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- d. User Content or activities that impersonates any person or entity (whether via the use of an email address or otherwise) or that otherwise misrepresents your affiliation with a person or entity or the source of any email;
- e. Transmission of any email in violation of the CAN-SPAM Act or any other applicable anti-spam law, or the transmission of unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship, or transmission of emails that are substantially unrelated to the calendar or event information stored as part of the Client Services;
- f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, without their express permission, and any third party private financial information such as Social Security numbers and credit card numbers;
- g. Viruses, worms, defects, hoaxes, Trojan horses, corrupted data or other harmful, disruptive, deceptive or destructive files; and
- h. User Content that, in the sole judgment of Trumba, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Trumba or its users to any harm or liability of any type.
12. Liability for User Content; Right to Remove User Content
Trumba takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Trumba liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Services and Areas is at your own risk. As a provider of Interactive Services and Areas, Trumba is not liable for any statements, representations or User Content provided by its users in any public or private calendar, forum, or other Interactive Services or Area. Although Trumba has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Services or Area, Trumba reserves the right, and has absolute discretion, to screen and remove any calendar, calendar entry, event notice or other User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any calendars, calendar entries event notices, and other User Content you post or store on the Site at your sole cost and expense.
13. License to User Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services, provided by you in the form of email or other submissions to Trumba are nonconfidential and shall become the sole property of Trumba. Trumba shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, publication and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Trumba has adopted a policy of terminating, in appropriate circumstances and at Trumba's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Trumba may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
16. Copyright Complaints
Trumba respects the intellectual property rights of others. If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Jerry Rinaldi
Address of Designated Agent to Which Notification Should be sent: 1200 Fifth Avenue, Suite 1750, Seattle, WA 98101
Telephone Number of Designated Agent: (206) 696-7200
Facsimile Number of Designated Agent: (206) 696-7201
E-Mail Address of Designated Agent: firstname.lastname@example.org
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TRUMBA, THE SERVICES, THE SITE, THE SOFTWARE, AND THE MATERIALS AND USER CONTENT CONTAINED THEREIN OR PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRUMBA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SERVICES, THE SOFTWARE, THE MATERIALS AND THE USER CONTENT. TRUMBA DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, THE SOFTWARE, THE USER CONTENT, OR THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE TRUMBA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE, THE SOFTWARE AND THE SERVICES SAFE, TRUMBA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, THE SOFTWARE OR ITS SERVER(S) ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Trumba reserves the right to change any and all Trumba content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Trumba.
19. Limitation of Liability
IN NO EVENT SHALL TRUMBA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ANY THIRD PARTY PAYMENT PROCESSING SITE, THE SERVICES, THE REGISTRATION PAYMENT SERVICES, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TRUMBA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TRUMBA'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRUMBA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE, THE SERVICES OR THE REGISTRATION PAYMENT SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TRUMBA FOR ACCESS TO OR USE OF THE SITE.
20. Applicable Law and Venue
22. Questions & Contact Information
Questions or comments about the Site may be directed to Trumba by email us at email@example.com or by mailing us at:
Attn: Customer Service
1200 Fifth Avenue, Suite 1750
Seattle, WA 98101