Please note that the Terms do not apply to the use of ON24’s application platform, which include our webinars, virtual environments, channels, and portals (collectively, the “Platform”). The access to and use of the Platform is governed by the terms of ON24’s Universal Terms and Conditions or a similar agreement entered into between ON24 and its customers with respect to the Platform.
Intellectual Property: Nothing in these Terms grants a license or other right with respect to any ON24 or third party copyright, trademark or other intellectual property right, whether by implication, estoppel or otherwise, and ON24 reserves all rights not expressly granted to you hereunder. You should assume that everything you see or read in the Sites is proprietary information protected by copyright, trademark or applicable law, and may not be used except in connection with use of the Sites in conformance with these Terms or with the prior written consent of ON24.
Copyright Infringement: It is ON24’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you are a copyright owner or an authorized agent thereof and believe a copyrighted work is being infringed on the Sites and you wish to file a notice of copyright infringement, you may submit such notice in accordance with our Intellectual Property Policy.
User Materials: Any comments, feedback, ideas, suggestions, data, questions, information, or other materials submitted to ON24 through the Sites by any means (“User Materials”) are not confidential. By submitting User Materials, you grant ON24 a worldwide, royalty-free, irrevocable, fully paid-up, transferable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, the User Materials, including, without limitation, to promote, market and provision the Sites and to contact you regarding the Sites. You shall be solely responsible for your User Materials and the consequences of uploading, posting, submitting, transmitting or distributing them. You agree that you will not upload, post, submit, transmit, distribute or otherwise make available in the Sites: (i) any falsehoods or misrepresentations that could damage ON24 or any third party; or (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate.
Prohibited Conduct: You agree that in connection with your use of the Sites you shall not:
(i) compromise or attempt to compromise the normal functioning or security of, or use the Sites in any manner that could damage, disable, overburden, impair or otherwise interfere with ON24’s operation of the Sites, (ii) comply with all laws and regulations applicable to bulk or commercial email, as well as other electronic communications, including all local or national laws applicable to the regions where you have business operations or where the recipients of their electronic communications are located; (iii) upload, transmit or otherwise make available any code or material that may harm or interfere with any device, software, network or service, including, but not limited to, any viruses or propagating worms, Trojan horses or “spyware” programs, (iv) access or attempt to access any account or password of any user of the Sites, (v) falsify your identity in connection with use of the Sites, or (vi) perform any load, penetration or vulnerability testing of the Sites. Some areas of the Sites may be password protected or restrict access to authorized users. No person other than authorized users may access any password protected or restricted areas of the Sites. ON24 is not responsible for any unauthorized access or attempted access to any password protected or restricted area. Unauthorized users do so to at their own risk and may be subject to prosecution and/or civil action. ON24 reserves the right, should it discover or reasonably suspect any violation of these Terms by you, to suspend or terminate your access to the Sites without notice and/or take any other action that it deems necessary.
Third Party Services: Through use of the Sites, you may have access to certain third party services and applications, such as plugins and websites (collectively, “Third Party Applications”). ON24 does not maintain control over Third Party Applications and shall not be responsible for their content, operation or use. Third Party Applications may be modified or disabled at any time, and ON24 shall not be under any obligation to provide notice of any such modifications. By linking or otherwise providing access to Third Party Applications, ON24 does not provide any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of information or services provided by such Third Party Applications. ON24 hereby disclaims any and all responsibility and liability for any harm resulting from your use of Third Party Applications, and you hereby irrevocably waive any claim against ON24 with respect to all Third Party Applications.
No Warranty: THE SITES, AND ALL OF THE CONTENT AND MATERIALS CONTAINED THEREIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND YOUR USE OF THE PLATFORM AND SITES IS AT YOUR OWN RISK, AND ON24 MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ANY IMPLIED OR STATUTORY WARRANTY OF NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF CONDUCT, USAGE OR TRADE PRACTICE, AND ON24 DOES NOT WARRANT THAT THE SITES WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, SECURE OR VIRUS-FREE. ON24 SHALL HAVE NO LIABILITY WHATSOEVER FOR THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY USER MATERIALS. ON24 NEITHER WARRANTS THAT YOU, IN USING THE SITES WILL OBTAIN THE RESULTS THAT YOU INTEND, NOT THE SITES WILL BE ADEQUATE FOR OR ACHIEVE YOUR BUSINESS PURPOSES AND REQUIREMENTS. ON24 MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD PARTY APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability: IN NO EVENT SHALL ON24 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, , CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING FROM OR RELATED TO THESE TERMS OR THE SITES, INCLUDING LOST PROFITS OR REVENUES OR DATA, BUSINESS INTERRUPTION, LOST SAVINGS OR LOST PROGRAMS OR OTHER DATA, EVEN IF ON24 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ON24’S AGGREGATE LIABILITY ARISING OUT OR IN CONNECTION WITH THESE TERMS OR THE SITES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ON24’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THIS AGREEMENT AND THE PARTIES ACKNOWLEDGE THAT ON24 WOULD NOT GRANT ACCESS TO THE SITES WITHOUT YOUR ACCEPTANCE.
Indemnification: You agree to indemnify and hold ON24 harmless from any and all claims, demands, losses, damages or expenses, including reasonable attorney fees, related to your use of the Sites or any alleged or actual violation by you of these Terms.
Governing Law: You agree that your use of the Sites, and any disputes relating thereto or to these Terms shall be governed in all respects by the laws of the State of California, without reference to its conflict of laws principles. You agree that any dispute relating to these Terms shall be resolved solely in the state or federal courts located in San Francisco, California.
Miscellaneous: No delay, failure to take any action, or to exercise any right that ON24 may take or exercise pursuant to these Terms or applicable law, shall constitute a waiver of that action or right by ON24. If a provision of these Terms is held to be invalid, the remaining provisions will continue to be valid and enforceable.
Contact: If you have any questions relating to these Terms, please contact the ON24 Legal Department at firstname.lastname@example.org or 50 Beale Street, 8th Floor, San Francisco, CA 94105.