Terms of Service / Privacy Policy

Please read Sched’s Terms and Conditions carefully. They are part of a legal agreement and impact some of your legal rights and responsibilities.

Sched is owned and operated by SCHED LLC, which is a Florida Limited Liability Company (“us”, “we”, “Sched” or “our”). This is our website and we offer services through and in connection with this site (“Service”). As someone using our website and our Service the words “you” and “your” below refer to you personally and anyone upon whose behalf you might be acting (such as a business, entity, organization or the like).

We provide the service to you subject to the following terms and conditions (“Terms”) which may be updated by us from time to time. By using our services, you are agreeing to be legally bound by these Terms.

We want these Terms to be as simple as possible but legalese is still needed in some sections. If you have any questions about the Terms, please contact us.

Rights and Responsibilities

1. Your Rights to Use the Service.

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms do not grant you any right, title or interest in the Services, others' content in the Services, any trademarks, logos or other brand features. We may use comments or suggestions without any obligation to you. You agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so, unless law prohibits those restrictions.

Our Services may allow you to download software ("Software") that may update automatically from time to time. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services and use our products and other services we may offer.

To the extent any component of the Software may be offered under an open source license, We will make that license available to you and the provisions of that license may expressly override some of these Terms.

Event Organizers / Customers

2a. Your Data and Responsibilities.

In connection with using our Services, you provide us with files, content and information, about you and your end users (“your data”) from time to time. By “end users” we mean those that use our Services in connection with your account, such as event participants, speakers and attendees.

We need to be able to use your data to provide you with our services and you are granting us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Your Data in any existing or future media as We deem appropriate. You also grant to us the right to sub-license these rights.

You are responsible for your conduct and your Data. You are also responsible for the use of our services by your end users. You must ensure that your end users use our services in compliance with these Terms. It cannot be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against You, Us or a third party (in each case under any applicable law).

You must (a) obtain any consents or approvals from your End Users as reasonably required by us from time to time to provide our services, (b) ensure that you do not allow any person under 13 to use Our Services, and (c) promptly notify us of any unauthorized use of or access to the Services.

While we may review your conduct and your data for compliance with these Terms we have no obligation to do so. We are not responsible for the content that users submit and share using the Services.

You are solely responsible for backing up and maintaining any of your data.

Attendees / Participants

2b. Your Data and Responsibilities.

In connection with using our services, just like Event Organizers, you provide us with files, content and information, about you (also “your data” as referenced in these Terms) from time to time.

We need to be able to use your data to provide you with our Services and you are granting us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Your Data in any existing or future media as we deem appropriate. You also grant to us the right to sub-license these rights.

You are responsible for your conduct and your data. It cannot be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you, us or a third party (in each case under any applicable law).

You should promptly notify us of any unauthorized use of or access to the Services.

While we may review your conduct and your data for compliance with these Terms we have no obligation to do so. We are not responsible for the content users submit and share using the Services.

You are solely responsible for backing up and maintaining any of your data.

Acceptable Use

3. Acceptable Use.

We require that all users of our Services, including you and your end users, conduct themselves with respect for others, and You agree not to misuse the Services. For example, do not do the following:

(1) Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.

(2) Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.

(3) Intellectual Property: Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.

(4) Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.

(5) Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.

(6) Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.

(7) Violations of Law: Do not violate any law.

Misuse may lead to suspension or termination of Your account or legal action, and You may be required to pay for the costs of investigation and remedial action related to misuse. We reserve the right to take any other remedial action we see fit.


4. Copyright Dispute Policy.

We respect the intellectual property rights of others and expect you to do the same. This policy statement lists our requirements for notice of copyright infringement and for responses to such a notice if you, your materials or your content are accused.

We use the copyright infringement procedures of the Digital Millennium Copyright Act. We will take whatever action we deem appropriate, in our sole discretion, including removal of the challenged content from our website.

Notice of Copyright Infringement. To notify us of copyright infringement, please send a written communication to our Copyright Agent identified below, that is substantially compliant with the statutory requirements of 17 U.S.C. §512(c)(3) as amended from time to time.

Please send all notices required by this section to our Copyright Agent:

Sched LLC / 8605 Santa Monica Blvd #69687 / Los Angeles, CA 90069-4109
Attn: Copyright Agent
Tel: 1-213-267-4162 / Email: support@sched.org

5. Fees and payment.

Some of the Services require payment of fees and you must pay them in a timely manner. We may change our fees at any time by posting a new fee schedule on our website and/or sending You a notification by email.

Privacy Policy

6. Privacy.

Please review our Privacy Policy, to which you agree as a condition to using the Service. Information collected about you and your end users by the Service is subject to our Privacy Policy, which may be updated from time to time.

Access and Termination

7. Access.

Access to some or all of our Services may be restricted at our discretion. It is your responsibility to keep the e-mail address password enabling you to access the Services confidential. We are not responsible for any unauthorized use of the Services.

We may suspend or limit your use of the Services if you violate these Terms or use the Services in a manner that We reasonably believe will cause us liability. We may also suspend use of the Services in the event of a Security Emergency, which means any use of the Services that do or could disrupt the Services, other customers' use of the Services, or the infrastructure used to provide the Services and unauthorized third-party access to the Services.


8. Termination.

You may cancel your use of the Services at any time by notifying us. You are solely responsible for cancelling Your account before the next invoice period. You understand and agree that We may immediately terminate Your right to Use the Service without notice to You under certain circumstances, including, but not limited to: (a) breaches of the Terms or Other Policies; (b) requests by law enforcement, government agencies or court order; (c) security and technical issues or problems; (d) non-payment of any fees owed by you; or (e) extended periods of inactivity.

If we terminate your right to use the Service, you understand and agree that we may delete all of your data (and any information associated with You) and that we will not be liable to you or any third party for any termination of your right to use the Service or for the deletion of your data.

Upon termination We will have no further obligation to grant you any access to or use of the Service.

Liability

9. Services “As Is.”

To the fullest extent permitted by law, we make no warranties, either express or implied, about the services. The services are provided "as is." we also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. To the extent that some places do not allow the disclaimers in this paragraph, they may not apply to you.


10. Limitation of Liability.

To the fullest extent permitted by law, in no event will we (“we” in this section includes our affiliates, subsidiaries, officers, directors, owners, agents, employees or licensors) be liable for: (a) any indirect, special, incidental, punitive, exemplary or consequential damages, or (b) any loss of use, data, business, or profits, regardless of the legal theory upon which they are based. This will be regardless of whether or not we have been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. Additionally, we will not be liable for aggregate liability for all claims relating to the services for more than the amounts paid by you to us for the past three (3) months of the services in question.

To the extent that some places do not allow the limitations in this paragraph, they may not apply to you.


11. Indemnity.

You will indemnify and hold us, (“us” in this section includes our affiliates, subsidiaries, officers, directors, owners, agents, employees or licensors), harmless, including costs and attorneys' fees, from and against any claim or demand made by any third party against us regarding: (a) your data; (b) your use of the Services; or (c) end users' use of the Services; or (d) the infringement by You, or any third party using your account or any end user, of any intellectual property or other right of any person or entity.


12. Third party links and websites.

Users of the Service may gain access to third party sites on the Internet through hypertext or other computer links via the Service. Third party sites are not within Our supervision or control. We make no representation or warranty whatsoever about any third party site that is linked to or connected with Our Services, or endorse the products or services offered on such site. We disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and you hereby irrevocably waive any claim against Us with respect to such sites and third party content.


13. Attorney Fees.

If we file an action against you to enforce these Terms and we prevail, we are entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.


14. Liquidated Damages.

Sometimes a breach of these Terms might cause damages, the actual amount of which would be impossible to determine. In such instances the liquidated damages described below will apply, which you agree are a reasonable pre-estimate of the damages:

(1) If you send emails that violate anti-Spam laws, then the liquidated damages will be five times the amount You paid us over the past 12 months, but not less than $900.

(2) If you host images for anything other than your emails, or use our resources in any way not permitted by these Terms, then the liquidated damages will be four times the amount you paid us over the past 12 months, but not less than $720.

The Legal Particulars

15. Controlling Law and Judicial Forum.

These Terms will be governed by Florida law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction. You consent to the jurisdiction of the state and federal courts of Florida, and agree that venue shall be proper exclusively in Pinellas County, Florida with respect to any judicial proceeding relating in any way to these Terms, the Privacy Policy or the Services, unless otherwise specifically agreed by Us.

16. Entire Agreement.

These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

17. Waiver, Severability & Assignment.

Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of Your rights under these Terms, and any such attempt will be void. We may assign Our rights to any of Our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

18. Modifications.

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces Your rights, we will notify you (by sending a message to the email address associated with your account or on this page).

19. No Third-Party Beneficiaries or Agency.

There are no third-party beneficiaries to these Terms. Without limiting this section, your end users are not third-party beneficiaries to Your rights under this Terms. We are not legal partners with you or agents of each other, and these terms do not create a joint venture.

Specifics Applicable Only to the United States Government

If you are an agent or entity of the United States Government such that your agreement to the Terms could implicate the Anti-Deficiency Act (31 U.S.C. § 1341), the Terms are hereby modified (the “Amendment”) as follows only as they pertain to your use of our Services:
(a) Any provisions in the Terms related to indemnification are hereby waived, and shall not apply except to the extent expressly authorized by law;
(b) The Terms shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of Florida excluding Florida’s choice of law rules will apply in the absence of applicable federal law;
(c) Either party may assign its obligations under the Terms with the prior written consent of the other;
(d) If we file an action against you to enforce these Terms and we prevail, we are entitled to recover reasonable attorney fees and any damages or other relief we may be awarded only to the extent consistent with the Equal Access to Justice Act; and
(e) Any modifications or changes to the Amendment must be agreed upon by both parties.

Specifics Applicable Only to the State and Local Governments

If you are an agent or entity of a state or local government in the United States and using our Service in that regard, the Terms are hereby modified (the “Amendment”) as follows only as they pertain to your use of our Service:
(a) Any provisions in the Terms related to indemnification shall apply to you only to the extent permitted (expressly or otherwise) by your jurisdiction’s laws; and
(b) The Terms relating to governing law, jurisdiction and venue do not apply.

Last updated on May 17, 2016

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