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Terms of Service Overview

Below is an overview of our Terms of Service for our “Platform”, which means any website, application, or service we offer. You should read the complete Terms of Service because that document (and not this overview) is our legally binding agreement.

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Your Relationship with More Human

  • By using our Platform, you are agreeing to our Terms of Service. The Terms of Service are a legally binding agreement between you and More Human.

  • If you break the rules, we may suspend or terminate your account.

  • We charge for certain aspects of our Platform, and some of these fees are billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription).
     

More Human Groups and Organisers

  • Organisers may decide to whom and through what channels to promote their group and events.

  • Organisers may charge fees for events (as fixed price tickets or as “pay what you like” donations).

  • Using our Platform involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and we are not responsible for it. You should use common sense and good judgment when interacting with others.
     

Your Content and Content of Others

  • You are responsible for your “Content”, which means any information, material, or other content you add to our Platform. Your Content must comply with our Terms of Service.

  • We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote, and protect More Human and our Platform for the benefit of you and others.

  • We are not responsible for the communications that attendees send using our Platform. We generally don’t review Content before it’s posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.
     

More Human Content

  • You may use the Platform to create Events using only your own User Content, or you may choose to incorporate More Human generated or collaborator generated content (”Ready-To-Host Content”) into your Event.

  • When you choose to use Ready-To-Host Content for your events, you agree to license the Ready-To-Host Content under our license agreement, and you agree to be bound by any applicable terms.
     

Our Platform

  • We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.

  • We are continually improving our Platform. This means that we may modify or discontinue portions of our Platform.

  • By using our Platform, you agree to the limitations of liability and release in our Terms of Service. You also agree to resolve any disputes you may have with us in the manner described in the Terms of Service. Unless you are based in the European Union, you agree to mandatory arbitration and waive your right to seek relief from a judge or jury in a court of law. Claims can only be brought individually, and not as part of a class action.
     

Terms of Service

Last Updated 20 February 2022

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Welcome to more-human.co.uk, the website and online service of More Human Technology Ltd (“More Human,” “we”, “us”, or “our”). This page explains the terms by which you may use the https://www.more-human.co.uk/ and https://www.events.more-human.co.uk/ websites as well as any other media form, media channel, mobile website or mobile application provided on or in connection with the service (collectively the “Platform”). By accessing or using the Platform, you, whether personally or on behalf of an entity (“you”), agree to be bound by these Terms of Service and to the collection and use of your information as set forth in the More Human Privacy Policy, whether or not you are a registered user of our Platform. This Agreement applies to all visitors, users, members, contributors and others who access the Platform (“Users”). We are registered in England and have our registered office at 12 Sabella Court, Mostyn Grove, London E3 2ET.

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1. Agreement to Terms

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Our Platform in a Snapshot.

More Human operates an online event organising platform and content licensing service that empowers our users, organisers, hosts, attendees and others to design events and collaborate to organise events, clubs and societies. We provide ready-made media and event content that is licensable for use in accordance with our various licenses.

 

Eligibility.

You may use the Platform only if you can form a binding contract with More Human, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules, and regulations.

The Platform may not be available to any Users previously removed from the Service by More Human. By using the Platform, you represent and warrant that you have the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service.

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License to use the More Human Platform.

Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Platform and as permitted by the features of the Platform. More Human reserves all rights not expressly granted herein in the Platform and the More Human Content (as defined below). More Human may terminate this license at any time for any reason or no reason.

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Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the “Last Updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Platform so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Platform after the date such revised Terms of Service are posted.

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When the Platform uses third party services to provide certain features and services for our members, our members may be required to comply with the terms of service that apply to these features and services. For example, some areas of our Platform feature mapping services provided by Google Maps and Google Business. When you use these mapping services on the Platform, you agree to be bound by the Google Maps Additional Terms of Service.

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The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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The Platform is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Platform. You may not use the Platform in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

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The Platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Platform.

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2. More Human Accounts

Your More Human account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. There are currently three types of More Human accounts: Free, Community (paid), and Network (paid). The services and functionality available to you will vary based on your account type and how your account is configured by the account owners or admin (if applicable). If you open a More Human account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

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You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify More Human immediately of any breach of security or unauthorized use of your account. More Human will not be liable for any losses caused by any unauthorized use of your account.

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You may control your User profile and how you interact with the Platform by changing the settings in your account. By providing More Human your email address you consent to our using the email address to send you Platform-related notices, including any notices required by law, in lieu of communication by postal mail.

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3. Groups

Certain portions of the Platform, such as Community accounts, may allow you to create or contribute to team accounts (“Group”). Access to a Group will be made available only to those Users who are authorized by the creator or controller of the Group (“Group Owner”). The Group Owner will be responsible for adding Users to the Group, for managing permissions for authorized Users, and otherwise for managing the account as set forth in these Terms of Service.

The Group Owner may contact More Human to assign a new Group Owner and will have access to the activity within the Team. More Human will act on the directions of the Group Owner with respect to any re-assignment of ownership and the deletion and retention of User Content (defined below) within the Group. Ownership of any User Content you create within the Group may be re-assigned to the Group Owner at the request of the Group Owner (including User Content that has not previously been shared with the Group). It is your responsibility to ensure that any information you want to continue to own or keep confidential is stored in a separate account and More Human will not be liable for any access the Group has to such User Content.

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4. User Content

The Platform may may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, event designs, or personal information or other material (collectively, "User Content"). User Content may be viewable by other users of the Platform and through third-party websites. As such, any User Content you transmit may be treated as non-confidential and non-proprietary. When you create or make available any User Content, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your User Content in any manner contemplated by the Platform and these Terms of Service.

  • You have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Content in any manner contemplated by the Platform and these Terms of Service.

  • Your User Content is not false, inaccurate, or misleading.

  • Your User Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • Your User Content is not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

  • Your User Content does not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your User Content is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  • Your User Content does not violate any applicable law, regulation, or rule.

  • Your User Content does not violate the privacy or publicity rights of any third party.

  • Your User Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  • Your User Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  • Your User Content does not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.

Any use of the Platform in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Platform.

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5. User Content License

By posting your User Content to any part of the Platform or making User Content accessible to the Platform by linking your account from the Platform to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

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This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Content, and you warrant that moral rights have not otherwise been asserted in your User Content.

We do not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. We are not liable for any statements or representations in your User Content provided by you in any area on the Platform. You are solely responsible for your User Content to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Content; (2) to re-categorize any User Content to place it in more appropriate locations on the Platform; and (3) to pre-screen or delete any User Content at any time and for any reason, without notice. We have no obligation to monitor your User Content.

More Human takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Platform. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that More Human shall not be liable for any damages you allege to incur as a result of User Content, Stock Media or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that More Human may disclose such User Content to law enforcement or other government authorities.

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6. Intellectual Property Rights

Except for your User Content, the Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Ready-to-Host Content (as defined below) belonging to More Human or other Users (the “More Human Content”), and all Intellectual Property Rights related thereto, are the exclusive property of More Human and its licensors (including other Users who post User Content or contribute Ready-to-Host Content (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any More Human Content. Use of the More Human Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

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7. Ready-to-Host Event License

The Platform provides certain functionality that allows you to create event designs, task lists, and promotional content (“Events”). Events can be shared and advertised through different online and offline channels, including social media, website, and print (“Export,” “Exports,” “Exported, “Exporting”). You may create Events using only your own User Content, or you may choose to incorporate More Human generated or collaborator generated content (”Ready-To-Host Content”) into your Event. You may Export an Event comprised solely of your own User Content at no cost. However, you may only Export an Event comprised in whole or in part of any Ready-To-Host Content in accordance with the terms of the license contained in this Section.

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In order to Export any Ready-To-Host Content from the Platform, you must license the Ready-To-Host Content under the license agreement provided below. By Exporting any Ready-To-Host Content from the Platform, you hereby agree to be bound by any applicable terms. If you license the Ready-To-Host Content as a Brand Owner, the license granted under the license agreement provided below will be granted to you and the applicable Brand, for use by you and other Users who have been authorized under the Brand, solely in connection with the Brand.

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More Human Content license agreement is here

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8. Fees and Payment

We accept the following forms of payment:

 

Direct Debit

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and bank account details, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Platform. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Pound Sterling (£).

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorise us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Platform.

An organizer that uses the Platform to accept payments from attendees must comply with the terms and conditions of the third party provider of the payment service used to receive the payment, Stripe Connect. More Human does not provide those payment services, is not a party to your agreement with the third-party provider, and will not be liable or responsible for your use of those third-party payment services. More Human operates what Stripe calls a “Connect Platform” to enable you to seamlessly access Stripe’s services to accept payment from attendees for your events. View Stripe’s Connected Account Agreement here: https://stripe.com/en-gb/connect-account/legal#connected-account-agreement

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9. Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at support@more-human.co.uk.

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10. Prohibited Activities

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

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As a user of the Platform, you agree not to:

  • Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.

  • Use any information obtained from the Platform in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Platform in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Platform.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”).

  • Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.

  • Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.

  • Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Platform.

  • Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

  • Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavour or commercial enterprise.

  • Sell or otherwise transfer your profile.

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11. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

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12. Third-Party Websites and Content

The Platform may contain (or you may be sent via the Platform) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
 

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Service in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Service in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Service.

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13. Platform Management

We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

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14. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://www.more-human.co.uk/privacy. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Platform is hosted in the United Kingdom. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Platform, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom.

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15. Use of Ticket Buyers’ and event attendees’ personal information

Protection of personal information is very important to us.

For any personal information provided by your ticket buyers and event attendees that we handle as part of the Service ("Customer Data"), the provisions of this section 15 apply. This section forms a Data Processing Addendum (”DPA”) to our Terms and Privacy Policy for Organisers. In this DPA references to "you" means the Organiser and references to "we,'' "us," "our" and "More Human" means More Human Technology Ltd and our affiliates.

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Data Protection Law means: (i) any data protection legislation from time to time in force in the UK and the EU including the Data Protection Act 2018 and the UK GDPR, the General Data Protection Regulation ((EU) 2016/679) and any other applicable law or regulation relating to privacy; and (ii) all data protection and privacy legislation applicable to a party in the processing of personal data pursuant to the provision of the Service.

 

You and we agree to comply with all applicable Data Protection Laws and that you are the controller and we are a processor of personal data in Customer Data.

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You hereby agree that:

  • you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of Customer Data to us for the duration of Service and for us to carry out the processing in accordance with the provision of the Service, including informing ticket buyers and event attendees of how their Customer Data will be handled by you and by us in connection with your use of the Service; and;

  • you have sole responsibility for establishing and maintaining the lawful basis of the our processing of Customer Data under these Terms, including where applicable the obtaining of all necessary consents from the customers and event attendees; and

  • where you export your Customer Data during your use of the Service (for example exporting a list as a spreadsheet, downloading data to the check-in app, or synchronising a MailChimp account), you are responsible for ensuring that your use of that Customer Data is compliant with Data Protection Laws and the terms in place between you and ticket buyers and/or event attendees.

A description of our processing of Customer Data is set out in Appendix 1 to these Terms.

 

In respect of our handling of the Customer Data, we agree that we shall:

  • only process Customer Data to provide the Service to you in accordance with the functionality of the Service, these Terms and lawful instructions reasonably given by you to us from time to time, or as otherwise required by law and will not further sell or use Customer Data in any manner;

  • notify you if, in our opinion, an instruction from you infringes any Data Protection Law (provided always that you acknowledge that you remain solely responsible for obtaining independent legal advice regarding the legality of your instructions and that a failure or delay by us to identify that an instruction infringes Data Protection Law shall not cause us to be in breach of our terms nor relieve you from your liability under this these Terms);

  • ensure that our personnel engaged in the handling of Customer Data are informed of the confidential nature of the Customer Data and are subject to binding confidentiality obligations;

  • ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Customer Data and against accidental loss or destruction of, or damage to, Customer Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of our systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us)

  • assist you in ensuring compliance with your obligations under the Data Protection Law with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

  • inform you promptly if any Customer Data is lost or destroyed or becomes damaged, corrupted, or unusable or is otherwise subject to unauthorised or unlawful processing, including unauthorised or unlawful access or disclosure;

  • to the extent permitted by law, promptly notify you upon receipt of any request from a data subject to access, correct, amend, transfer or delete such person’s Customer Data (including consumer requests relating to knowledge, access, deletion, or opt out under the CCPA) and, at your cost, provide all reasonable assistance to you in relation to such request;

  • on termination of the Service, we will return, or destroy (at your direction), Customer Data in our possession or control unless applicable laws require the continued storage of such Customer Data. Such deletion may take us up to 7 days to action and, following deletion from our live systems, it may take up to a further 30 days for the data to be deleted from our back-ups; and

  • make available to you all information reasonably required to demonstrate compliance with this section 10 and, at your cost and no more than once in each 12 month period, contribute to audits conducted by you or another third party professional independent auditor mandated by you.
     

You acknowledge and agree that, as a data processor, we may appoint service providers as sub-processors to process Customer Data in connection with the provision of the Service, in which case we will ensure that our contracts with our sub-processors impose on the sub-process ors obligations that are equivalent to the obligations to which we are subject to under this section 10 and that we will be responsible for the acts and omissions of our sub-processors. In some circumstances our service providers may process Customer Data outside of the UK or EEA, including in the US. If we engage a processor that transfers Customer Data outside of the UK or EEA, we will make sure appropriate safeguards such as an adequacy decision, binding corporate rules or standard contractual clauses in relation to the transfer are in place. You consent to the transfer of Customer Data outside of the UK or EEA by our service providers.
 

A list of sub-processors can be found in our privacy policy at https://www.more-human.co.uk/privacy. We will inform you in advance by updating the webpage of the appointment of any new sub-processor.

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16. Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.

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17. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Platform. Without limiting any other provision of these terms of service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of service or of any applicable law or regulation. We may terminate your use or participation in the Platform or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

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If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

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18. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.

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We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

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19. Governing Law

These conditions are governed by and interpreted following the laws of England and Wales, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. More Human Technology Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.

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20. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

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Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, England. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of England and Wales.

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Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

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Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

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21. Corrections

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

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22. Disclaimer

The Platform is provided on an as-is and as-available basis. You agree that your use of the platform and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Platform and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Platform’s content or the content of any websites linked to the Platform and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the platform, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform.

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We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

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The Platform cannot and does not contain professional medical, legal, or business advice. The medical, legal, and business information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of medical, legal, or business advice. The use or reliance of any information contained on the Platform is solely at your own risk.

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23. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of goodwill, loss of data, or other damages (even if we have been advised of the possibility of such damages) arising from or in connection with (a) use of our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any attendee, organiser, or third party on the Platform, (c) your use of our Platform or transportation to or from More Human events, attendance at More Human events, participation in or exclusion from More Human groups or More Human events and the actions of you or others at More Human events, or (d) any other matter relating to the Platform. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

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24. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Platform; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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25. User Data

We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

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26. Electronic Communications, Transactions, and Signatures

Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

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27. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

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28. Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Platform. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Thank you. Please accept our wholehearted thanks for reading our Terms of Service.

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29. Contact Us

In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at:

More Human Technology Ltd

12 Sabella Court

Mostyn Grove

London E3 2ET

England

support@more-human.co.uk

These Terms of Service were created using Termly's Terms and Conditions Generator.

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Appendix 1

Subject matter of the processing
The processing of Customer Data to the extent necessary for the provision of the Service to you.

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Duration of the processing
The period of time during which you continue to use the Service and the longer of such additional period as: (i) is specified in any provisions of these Terms regarding data retention; and (ii) is required for compliance with law.

 

Nature and purpose of the processing
The nature of the data processing is the provision of cloud based service to allow event organisers to manage the sale of tickets and associated services for their events. The purpose of the processing is to provide the Service to the Event Organiser.

 

Personal information types
The personal information processed under these Terms will depend on the personal information that event organisers choose to collect from ticket buyers and event attendees. Event organisers must make sure that they comply with our User Content standards in collecting personal data. Personal data is likely to include: name, postcode, email address, and limited details relating to card payments. It may also include certain special category data if the collection of such data is required in relation to an event.

 

Categories of data subjects
Personal information related to your customers and event attendees.

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