Terms of Service

Our Products and Services are provided by Startup Live GmbH, a limited liability company, FN417347x, ATU68811039, located at Donau-City-Straße 6/2, 1220 Vienna, Austria (hereinafter “SUL” or “we”).

By using our Services, you are agreeing to these terms. Please read them carefully.

Definitions

“You” and “your” refer to you, as a user of our Services. A “user” is someone who interacts with, accesses, posts, edits, browses, or in any way uses our Services.

“We,” “us,” and “our” refer to SUL.

“User Content” means any information submitted or transmitted to, through, or in connection with our Services, including, but not limited to, research, product plans, business plans, products, Services, customers, markets, software, documentation, inventions, processes, designs, drawings, hardware configuration information, business methods, marketing or finances information and/or strategies, digital or photographic images, videos, graphics, text, or audio files.

“SUL Content” means Content that we create and make available in connection with our Services.

“Third Party Content” means Content that originates from parties other than SUL or its users, which is made available in connection with our Services.

“Site Content” means all of the Content that is made available in connection with our Services, including Your Content, User Content, Third Party Content, and SUL Content.

Description of Services

We offer a broad range of Services and Products to individuals, start-ups, companies of various sizes, organisations, governments and other entities. These are viewed, accessed and consumed both physically and virtually through a range of interfaces and devices such as, but not limited to: conferences, events, meetings, open calls, competitions, hackathons, trainings and seminars, masterclasses, our website at www.startuplive.org, APIs, email Services, applications, features, apps, and other technologies. We call these collectively “Service(s)”.

Who can use the Services

In order to use the Services:

– you need to be 18 years of age or older;

– use your real name and the real name of your organisation as well as provide accurate, correct and truthful information;

– be allowed to use the Services under any and all laws that apply to you or our provision of the Services;

– have the authority to bind any organisation, government or legal entity on behalf of who you use the Services. If these circumstances, you represent, warrant and confirm that you are authorised by such organisation, government or legal entity to use our Services. If you are representing and binding an organisation, government or legal entity to these Policies, all references to “you“ and “your“ will also be interpreted as referring to that entity; and

If you use the Services, you agree to comply with the Terms of Service.

Using our Services

You may transmit information and content including, but not limited to, files, images, videos, documents, opinions and other material (“Content”) in relation to your use of the Services.

You represent and warrant that you have the right, title, license or permissions required to submit, provide, upload, make available or interact with a part of your Content through the Services. You also represent and warrant that none of your Content is subject to anyone else’s copyright or other proprietary rights that you do not have a license or permission to use.

You agree, confirm and acknowledge that you may not, at any time, submit, provide, upload or make available any content which, whether in whole or in part:

– is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

– facilitates illegal activity;

– depicts sexually explicit images;

– promotes unlawful violence;

– is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;

– is calculated to damage or hinder the operation of the the Services; or

– is otherwise illegal or causes damage or injury to any person or property.

Do not misuse our Services, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

You may not do any of the following while using the Service:

– crawl, scrape or otherwise retrieve any data whatsoever except through the interfaces that we support for direct, non-automated use by users, unless specifically permitted by our robots.txt file or explicitly authorised by us;

– scan or test the Service for vulnerabilities or try to get around authentication unless specifically contracted to do so by us;

– fake any e-mail message and/or e-mail address to make it appear as if it comes from us;

– interfere with the operation of the Service in such a way as to degrade use by other users;

– iframe our website without our prior written permission;

– link to our website without permission; or

– suggest any association, approval or endorsement by us if none exists.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. You may not reproduce, sell or loan the Services.

These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not SUL’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we would be sorry to see you go.

SUL may also stop providing Services to you or add or create new limits to our Services at any time, without providing any indication of reason(s).

Your Content in our Services

You hereby grant us a worldwide, non-exclusive, royalty-free license and the right to sublicense during your use of the Services and as required for a reasonable time afterwards as set out in these Terms so that we can reproduce, adapt, publish, transmit, process and distribute your Content in any media and distribution method used by SUL.

When you upload, submit, store, send or receive content to or through our Services, you give SUL (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes that we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights that you grant in this licence are for the limited purpose of operating, promoting and improving our Services, and to develop new ones.

The Services are regularly updated and improved and you agree that the ways in which others interact with your Content will change in accordance with such updates and improvements. You agree that the license you give us to your Content allows us to make your Content available to other organisations and individuals, providing that such use is subject to our Privacy Policies. The license for your Content does not require compensation to you from us.

Our license to use your Content is extinguished when you remove such Content from our Service, although your Content may still be accessible by other users if you have given permission to use your Content in the course of your use of the Service. Your Content will continue to be available for some time in places such as our backups and other users may still have your data when they have created a local copy (for example as a file or hard-copy) that exists outside of the Service or our control, as well as other uses. Please see our Privacy Policy for more information.

You agree that any and all Content that you give, provide, upload or make available to us is not confidential or proprietary in any way whatsoever and you acknowledge and agree that it will not be treated as such by us or any other party that can access it as a result of your use of the Service. For the avoidance of doubt, any and all processing by us of personal data shall be in accordance with the provisions of our Privacy Policy.

Idea and Feedback Submissions

We welcome all suggestions to improve our Services, ideas, proposals, feedback or other material submitted to us, but we consider them to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by you or any users to SUL.

SUL shall not be liable for the disclosure, use or exploitation of such information.

Third Party Content

There are links to many third-party sites and resources on our website that are provided by third-parties, which are provided for your information. The presence of any link on the Platform does not mean that we have approved or reviewed them in any way and we make no representation, endorsement or recommendation of such links or their providers. We allow links in the Service to other websites that do not belong to us. The Policies apply only to the Service and not to any other websites, apps – really anything outside of the Service. Each third-party website may have policies different from our Policies and you should read and comply with these policies. We are not responsible for the terms, privacy practices or content of any of these third-parties or any harm you may encounter as a result of misuse of your data.

Events organized by SUL

SUL organizes events and meetings for professionals like, but not limited to: Startup Live weekend programs, industry-focused vertical programs, consultancy offline programs, meetings, competitions, hackathons, trainings and seminars, masterclasses and others.

Registration for SUL events and ticket sales are carried out through Eventbrite Inc., 651 Brannan Street, Suite 110, San Francisco CA 94107 (www.eventbrite.com, hereinafter “Eventbrite”). The terms and conditions to be applied for the user are the Eventbrite General Business Terms and Conditions, available at https://www.eventbrite.com/tos/.

You should note that there is no right of withdrawal as defined in §5f Z. 7 of the Austrian Consumer Protection Act since the provision of Services within the scope of recreational activities (§5c, para.4 Z 2, Austrian Consumer Protection Act), which also includes events, is excluded from the right of withdrawal.

Registration for an event does not become binding for SUL until the full purchase price of the ticket(s) has been paid. In the case of default, the participant is obliged to provide compensation for default interest and all other procedural and non-procedural costs of recovering the debt incurred.

In the case of either the event date or location (event venue) being changed, in general tickets remain valid.

In the case of rescheduling an event, the cardholder’s ticket may be returned by a deadline to be determined by SUL, preferably immediately after the announcement of the new event date. After the deadline has expired, any claims for reimbursement will expire.

A refund without returning the original ticket is not possible. On returning the ticket, the customer should specify his bank account details and will then receive a refund of the price paid. If the ticket is not returned within the time limit, no refund is possible. Additional claims (e.g. postage, travel expenses, etc.) are excluded.

A refund is only possible up to 14 days before the event, after which a cancellation fee of 50% will be retained.

In the event of a no-show (the ticketholder does not show up at the event), there will be no refund of the ticket price.

The purchase of tickets for commercial resale is prohibited.

Discounted tickets are only valid in combination and/or in conjunction with an authorized identification qualifying for discount. This must be presented when purchasing the ticket and shown on request to gain admission to the event venue.

For the events, participants’ data can be stored on smart cards (NFC cards).

SUL reserves the right to exclude persons from their events. Any payments made by a person who is then excluded will be refunded by SUL.

SUL is not responsible for personal items that are lost or damaged during events.

Each participant must make provision for their own insurance. There is no coverage either through the organizer and/or SUL.

Except for personal injury, SUL is not liable for minor cases of negligence.

Moving and Still Images Recordings during SUL events

Within the framework of SUL events, audio, picture and video recordings of you, any of the individual participants, and the event will be created free of charge. You agree that these recordings and images / photographs, and the unlimited spatio-temporal use can be used free of charge for media reports, advertising purposes on various channels (online, print, TV, radio, outdoor) and in various formats (eg. posters, print ads, online campaigns, moving images, brochures), calendars, commercial products and manuals (eg. future reports, white paper illustrations), and on SUL websites and third party channels (e.g. TV, Radio, print, outdoor, online such as websites, social media with eg. rights of use for YouTube, Vimeo, Facebook, etc.) and these rights of use may be given to third parties by SUL, both free of charge and also against payment.

Warranties and Disclaimers

We are committed to deliver our Services and contents to you with the highest professional standard and constant availability. We cannot guarantee, however, that Services:

– will be always be free from defects, inaccuracies or errors,

– always available,

– will meet your requirements,

– will operate in the configuration or with other hardware or software you use.

In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.

Other than as expressly set out in these terms or additional terms, neither SUL nor its suppliers or distributors makes any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. We provide the Services on an “as is” and “as available” basis.

Liability for our Services

When permitted by law, SUL and SUL’s suppliers and distributors will not be responsible for lost profits, revenues or data, production, anticipated savings, business, contracts, commercial opportunities, goodwill, or indirect, special, consequential, exemplary or punitive damages.

No advice or information, whether oral or written, obtained from the Services provided by us, will create any warranty not expressly made herein. Your use or reliance on any Content or other information, material, views or opinions in, or in relation to, the Services is at your own risk. You should exercise good judgement and caution as many individuals and entities add their information to the Service and we do not represent, warrant or guarantee in any way whatsoever that anything in the Service is reliable, accurate, correct, accurate or truthful. Content on the websites is the sole responsibility of those that submit it and can be harmful, incorrect, inappropriate or offensive.

In all cases, SUL and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify SUL and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

Customer support

SUL is available by email at [email protected] to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.

Changes to Terms of Service

We may update these Terms from time to time. You understand and agree that your access to or use of our Services is governed by the Terms effective at the time of your access to or use of our Services. If we make material changes to these Terms, we will notify you by email or by posting a revised version of the Terms on our Site. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of our Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.

Miscellaneous

Court of Jurisdiction is the relevant court in 1010 Vienna. Contractual relationships with SUL are subject exclusively to Austrian law, excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods). Contract language is exclusively German.