Terms of Service

Last Modified: May 25 2018

Thank you for your interest in Pigeonhole Live. The Pigeonhole Live website and service (Pigeonhole Live“) are provided by PigeonLab Pte. Ltd. (”PigeonLab“, ”we“, ”us“ or ”our“). These terms of service (these ”Terms of Service“) govern your (”you“, ”your“, or a ”user“) access to and use of the https://pigeonholelive.com and https://pigeonhole.at web site and its subdomains (the ”Public Site“) including the Pigeonhole Live real-time audience engagement platform and the Pigeonhole Live Dashboard account (collectively the ”Pigeonhole Live Platform“; the Pigeonhole Live Platform and the Public Site shall collectively be known as the ”Website“) and all services provided by Pigeonhole Live via the Website (collectively, the ”Services“). For clarification, the domain https://pigeonhole.at shall be the primary option for Audience Members, Moderators and Admin Users (as defined below) to access Pigeonhole Live service, while the domain https://pigeonholelive.com shall be the primary option for Organisers to access Pigeonhole Live.

The Pigeonhole Live Platform can be used for several different types of events including, but not limited to industry conferences, town halls, workshops, corporate events, political campaign events, classrooms, national television and other events (each such event, an ”Event“. The use of the Pigeonhole Live Platform as part of a session for each such Event refers to a ”Session“). The Pigeonhole Live Platform is provided by PigeonLab, and includes a real-time audience engagement tool that enables event organisers (”Organisers“ and each, an ”Organiser“) to collect questions, comments, votes and other similar information (”Responses“) in real time from event attendees or audience members of a Session (”Audience Members“ and each, an ”Audience Member“). Moderators or speakers of each such Event selected by Organisers (”Moderators“ and each a ”Moderator“) will facilitate the panel discussions between the Audience Members and answer questions from the Audience Members. (Moderators and Audience Members shall collectively be known as ”Participants“ and each, a ”Participant“). In order to participate in a Session, an Audience Member must have a computer that can access our Website, or, when available, a mobile device enabled with our Mobile App. Participants may be required to enter a passcode (”Passcode“) generated on Pigeonhole Live by the Organiser and provided to Participants by the Organiser and/or an attendee code (”Attendee Code“). Participants may then submit, post, or vote on questions, comments, or polls in real time during a Session as configured and enabled by the Organiser.

Acceptance of Terms

Please read these Terms of Service carefully as they create a binding contract between you and PigeonLab. Further, these Terms of Service contain an Agreement to Arbitrate, which requires you and PigeonLab to arbitrate certain claims by binding, individual arbitration instead of going to court and limits class action claims, unless you opt out of the Agreement to Arbitrate as described in the Arbitration section (see Section 20 “Agreement to Arbitrate”).

Please review these Terms of Service before using the website or any of the services, as they may have changed since your last visit. If you do not agree to these Terms of Service, then you must immediately terminate your registration with PigeonLab and discontinue your use of the Website and the Services. Your continued use of the Services after any changes or revisions of these Terms of Service shall indicate your agreement with the Terms of such revised Terms of Service. By using our Website or any of our Services, you represent that you are at least 18 years old and hereby indicate your unconditional acceptance of these Terms of Service.

Furthermore, if you are in the EU, your use of our Services is subject to your prior acknowledgement and consent to our Privacy Policy available here.

We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by the posting of the updated Terms of Service to our Website; provided that any such changes shall only apply to your use of this Website or the Services after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise. Access to the Website and use of the Services are subject to these Terms of Service and the PigeonLab Privacy Policy available on the Website.

Scope of Service

You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website and the Services in whole or in part, at any time and for any reason, without notice, subject to the terms of any applicable written agreement we have with the applicable Organiser. The Website and associated Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Pigeonhole Live is only a Platform

Other than providing the platform and tools for Organisers to run and manage the Sessions for an Event, PigeonLab is not responsible for the Sessions provided and managed by the applicable Organiser and/or any third parties. PigeonLab does not monitor those Sessions or transactions between Organisers and/or any third parties and Participants. If you are accessing the Pigeonhole Live Platform as an Audience Member of a Session with a Passcode provided to you by an Organiser, then your access and use of the Session is subject to any separate understanding you have with that Organiser (“Participant-Organiser Agreements”). Such Participant-Organiser Agreements may set forth conduct requirements and confidentiality obligations, if any, with regards to use and information exchanged as part of a Session, as well as how the applicable Organiser may use your Responses and related Personal Data (as defined in our Privacy Policy posted on our Website) that you may provide in a Session, as well as other terms and conditions provided by the Organiser.

Anonymous Use; Passcodes; Registration and Membership

In general, you can access and submit Responses in a Session simply by entering the Passcode provided by the Organiser without providing any Personal Data. However, certain Organisers may require you to enter an Attendee Code or submit Personal Data before you can enter their Session with a Passcode. As Organisers, you are required to enter your login credentials in order to access the Pigeonhole Live Platform. The Pigeonhole Live Platform login credentials that you provide to login will be your “Login Credentials”. You agree that you are responsible for protecting your Login Credentials and any Passcode that you may receive from unauthorised use, and you are responsible for all activity that occurs under your Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken. You may not (i) create more than one account to access the Services except as expressly permitted by PigeonLab; nor (ii) transfer your account to any third party. PigeonLab is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You will not be entitled to create a new account to access the Services if your prior Login Credentials have been terminated by PigeonLab.

Types of Authorised Users; Responses

Participants may access a Session as either a Moderator or as an Audience Member. A Participant may submit Responses to a Session. For clarity, any content created and posted by a Moderator or any other user of our Services, in connection with a Session, are also Responses. The Participant submitting such Responses hereby grants the applicable Organiser, and to PigeonLab to the extent needed to provide the Services to the Organiser and Participant, a non-exclusive license to copy, review, edit, modify, aggregate, and create derivative works of such Responses, and to distribute, publicly display, perform such Responses, whether modified or not.

Disputes; Release

PigeonLab expressly disclaims any liability or claims that may arise between users of our Services, including, without limitation, disputes between Organisers and Participants. You are solely responsible for your interactions with any Organiser or other Participant and any disputes that arise from interactions with any of the foregoing.

Because PigeonLab is not responsible for the interaction between Organisers and Participants or any related transactions, in the event that you have a dispute with one or more Organisers or Participants, you hereby release PigeonLab (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.

Website Content

Subject to these Terms of Service and any other agreement between you and PigeonLab, we hereby grant to you a personal, non-transferable, non-exclusive, non-sublicensable right and license to access and use the Services, and all Content therein, solely within the scope of your status as a user of our Services. The term ”Content“ means all information, text, images, data, links, or other material posted on the sections of the Website that are (i) publicly available and (ii) which you have the right to access, whether created by us or provided by a third party for display on the Website.

We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website, Services or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

Content Submitted by Users

Accuracy

If you choose to provide information to register for or participate in a Service, event, or promotion on this Website, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you. Please refer to our Privacy Policy for information on our practices for handling Personal Data.

Liability

We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for display through our Services or Responses. We do not prescreen information submitted to our Services or Responses. With respect to such Content or Responses posted on or through our Responses services, except to the extent expressly provided in an applicable agreement with an Organiser, we act as a passive conduit for such distribution and are not responsible for such Content or Responses. Any opinions, advice, statements, services, offers, or other information in the Services provided by users are those of the respective author(s) or distributor(s) and not of PigeonLab. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content or Responses. You are responsible for ensuring that Content and Responses submitted to or through our Services or Responses are not provided in violation of any applicable laws, including without limitation, laws relating to defamation, libel and slander, laws of confidentiality and non-disclosure, and laws relating to copyright, trade secret or other intellectual property rights of another person or entity or of any applicable law. You shall be solely liable for any damages resulting from any infringement or breach of any applicable laws, including without limitation, relating to defamation, libel and slander, and laws relating to copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content or Responses to this Website. We shall not be responsible for any breach of any contractual obligation or infringement of any third party rights.

Monitoring

We have the right, but not the obligation, to monitor Content or Responses submitted during a Session or on or through our Services, to determine compliance with these Terms of Service and any other applicable rules that we may establish, from time to time. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through our Services. Without limiting the foregoing, we have the right to remove any material that PigeonLab, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content and Responses that you post on or through our Services.

Prohibited Conduct

By accessing our Website and/or using our Services, you agree to abide by any standards of conduct set forth in any Participant-Organiser Agreements as well as the following standards of conduct. Participants shall not, and shall not permit any person or entity to:

1. use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations;
2. act in a fraudulent, tortious, malicious, or negligent manner when using the Services;
3. obtain unauthorised access to any computer system through this Website;
4. introduce viruses, worms, Trojan horses and/or harmful code to this Website or the Services; or
5. use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Services, Responses, or Content.

PigeonLab reserves the right, without prior notice and in its sole discretion, to decide whether your use of the Services violates these Terms of Service for any of the above reasons or for any other reason, and if PigeonLab does so, to remove such content which you post or submit to the Website or Services and/or terminate your access to any Services.

Indemnification

By using our Services, you agree to indemnify, hold harmless and defend PigeonLab and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.

Intellectual Property Rights

You agree and acknowledge that the structure, organization, code, and all intellectual property rights related to or used in conjunction with the Website and Services are proprietary to PigeonLab. You shall not, and shall not permit any person or entity to: (i) use this Website or any Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Website or Services; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Website or any software component of the Pigeonhole Live Platform. You shall not sell, transfer, publish, disclose, display or otherwise make available the Pigeonhole Live Platform including any modifications, enhancements, derivatives, and other software and materials provided hereunder by PigeonLab or copies thereof to others in violation of these Terms of Service.

”Intellectual Property Rights“ mean any and all current and future copyright, patents, trademarks or rights in databases, inventions or trade secrets, know-how, rights in designs, topographies, trade and business names, domain names, marks and devices (whether or not registered) and all other intellectual property rights and applications for any of those rights (where such applications can be made) capable of protection in any relevant country of the world.

Unless otherwise noted, all Content contained on the Services are the property of PigeonLab and/or its affiliates or licensors, and are protected from unauthorised copying and dissemination by United States, Germany, Singapore and applicable copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

Copyright Infringement; Notice and Take Down Procedures

If you believe that any materials on our Services infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorised representative and must include the following information:

1. identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorised version of the work;
2. identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material;
3. your name, address, telephone number, and email address;
4. a statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law;
5. a statement that the information in your claim is accurate; and
6. a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorised to act on the owner's behalf.

You may contact us at copyright@pigeonlab.com for copyright issues relating to this Website or our Services.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of accounts of users of our Services who are repeat infringers.

Links to Third-Party Websites

The Services may contain links to non-Pigeonhole Live web sites. These links are provided to you as a matter of convenience, and PigeonLab is not responsible for the content of any linked web site. Any non- Pigeonhole Live website accessed from the Services is independent from PigeonLab, and PigeonLab has no control over the content of that website. In addition, a link to any non-Pigeonhole Live website does not imply that PigeonLab endorses or accepts any responsibility for the content or use of such website. Use of any third party site is subject to its term of service and privacy policy. We request that our users exercise caution and good judgment when using third-party websites.

Disclaimer

Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content, Responses, information provided by an Organiser or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

All content, responses, text, images, and other information on or accessible from our Services are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, PigeonLab does not warrant that: (i) the information available on our services is free of errors; (ii) the functions or services (including but note limited to mechanisms for the downloading and uploading of content) provided by PigeonLab will be uninterrupted, secure, or free of errors; (iii) defects will be corrected; or (iv) this Services or the server(s) that makes it available are free of viruses or other harmful components.

Neither PigeonLab nor its affiliates or licensors are responsible for the conduct between users and between participants and organisers. PigeonLab and its affiliates and licensors cannot and do not guarantee that any personal data supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

Limitation of Liability

Disclaimer

In no event shall PigeonLab be liable to you, any other user of our services, organisers or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorised access to or use or misuse of the services, responses, content or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if PigeonLab has been advised of the possibility of such damages or losses.

Limitation

PigeonLab's aggregate liability for all claims arising from this agreement shall not exceed the greater of (i) USD 1.00 or (ii) the aggregate amount you have paid to PigeonLab for the services, if any, in the twelve (12) month period prior to any claim.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Jurisdictional Issues

We make no representation that information on this Website is appropriate or available for use outside Singapore. Those who choose to access this Website from outside Singapore do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using our Services, you consent to having your Personal Data (as defined in our Privacy Policy posted on our Website) transferred to and processed in the United States and Singapore, subject to the restrictions on such data as provided in our Privacy Policy posted on our Website from time to time.

Termination

We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the e-mail address provided by you at registration. You agree that we are not liable to you or any third party for any termination of your access to this Website. For the avoidance of doubt, you acknowledge and agree that, upon termination of these Terms of Service for any reason, you shall immediately pay all amounts that accrued prior to the date of termination, and that any obligation to pay PigeonLab that accrued prior to the termination hereof will survive following such termination.

Unsolicited Ideas and Feedback

While we welcome your feedback, ideas, and suggestions (collectively, ”Unsolicited Ideas“), it is important to be aware of the following restrictions with regards to Unsolicited Ideas you provide to us outside of a Session or in a Session where PigeonLab acts as an Organiser. If you send us Unsolicited Ideas, you agree that:

1. your Unsolicited Ideas become the property of PigeonLab and you are not owed any compensation in exchange;
2. none of the Unsolicited Ideas contain confidential or proprietary information of any third party;
3. PigeonLab may use or redistribute Unsolicited Ideas for any purpose and in any way;
4. there is no obligation for PigeonLab to review your Unsolicited Ideas; and
5. PigeonLab has no obligation to keep any Unsolicited Ideas confidential.

Governing Law and Dispute Resolution

The construction, validity and performance of this Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any dispute arising out of or in connection with this Terms of Service, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of 1 arbitrator. All arbitration proceedings shall be in the English language. The decision of the arbitrator shall be final and binding on all the Parties. You and PigeonLab shall appoint a person mutually agreed by you and PigeonLab as sole arbitrator, or, if you and PigeonLab cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the President of the Court of Arbitration of Singapore International Arbitration Centre upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).

Agreement to Arbitrate

Except if you opt-out or for disputes relating to your intellectual property or PigeonLab's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); you agree that all disputes between you and PigeonLab (whether or not such disputes involve a third party) arising out of or relating to these Terms of Service, the Services, and/or Privacy Policy, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the SIAC Rules for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of 1 arbitrator. All arbitration proceedings shall be in the English language. The decision of the arbitrator shall be final and binding on all the Parties. You and PigeonLab shall appoint a person mutually agreed by you and PigeonLab as sole arbitrator, or, if you and PigeonLab cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the President of the Court of Arbitration of Singapore International Arbitration Centre upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).

Any claims brought by you or PigeonLab must be brought in that parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor PigeonLab will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You hereby waive any and all rights to bring any claims related to these Terms of Service and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

You may opt out of this Agreement to Arbitrate. If you do so, neither you nor PigeonLab can require the other to participate in an arbitration proceeding. To opt out, you must notify PigeonLab in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your device ID or PigeonLab account to which the opt-out applies and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out:

Notwithstanding any provision in these Terms of Service to the contrary, you and PigeonLab agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against PigeonLab prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms of Service, such termination shall not be effective until thirty (30) days after the version of these Terms of Service not containing the arbitration procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against PigeonLab prior to the effective date of removal.

This Arbitration section will survive the termination of your relationship with PigeonLab.

Miscellaneous

You may not assign or transfer your rights or obligations under these Terms of Service in whole or in part to any third party without the consent of PigeonLab. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. PigeonLab and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by PigeonLab, and cannot be amended except by means of an agreement in writing signed by both parties, or by PigeonLab posting an amended version of these Terms of Service on its Website. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Minors

Pigeonhole Live is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of such minor.

For Additional Information

If you have any questions about these Terms of Service, please contact us at legal@pigeonlab.com.