Last Revised: October 7, 2019
“You” and “your” refer to you, as a user of our Services. A “user” is someone who accesses, posts, edits, browses, or in any way uses our Services.
“We,” “us,” and “our” refer to SixThirty.
“Content” means text, images, photos, audio, video, and all other forms of data or communication.
“Your Content” means Content that you submit or transmit to, through, or in connection with our Services, such as posts, comments, invitations, messages, and information that you publicly display.
“User Content” means Content that users submit or transmit to, through, or in connection with our Services.
“SixThirty 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 SixThirty 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 SixThirty Content.
We may modify 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 post 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.
3. Using our Services
To access or use our Services, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use our Services if we have previously banned you from our Site.
B. Permission to Use the Site
We grant you permission to use our Services subject to the restrictions in these Terms. Your use of our Services is at your own risk.
C. Site Availability
Our Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
A. Responsibility for Your Content
You alone are responsible for Your Content and assume all risks associated with Your Content. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.
You may expose yourself to liability if, for example, (i) Your Content contains material that is false, intentionally misleading, or defamatory; (ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains material that is unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of our Services and any Other Media the right to access Your Content in connection with their use of our Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against SixThirty and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and SixThirty, you own Your Content. We own the SixThirty Content, including but not limited to the visual interfaces, interactive features, graphics, design and all other elements and components of our Services excluding Your Content, User Content, and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the SixThirty Content and our Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the SixThirty Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to our Services and the SixThirty Content are retained by us.
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
A. You agree not to, and will not assist, encourage, or enable others to use our Services to:
- Violate our Content or Event Guidelines as set forth in these Terms;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; or
- Violate any applicable law.
B. You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Services or Site Content (other than Your Content), except as expressly authorized by SixThirty;
- Reverse engineer any portion of our Services;
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of our Services or on any materials printed or copied from our Services;
- Record, process, or mine information about other companies and/or users;
- Reformat or frame any portion of our Services;
- Attempt to gain unauthorized access to our Services, computer systems or networks connected to our Services through hacking, password mining, or any other means;
- Use our Services or any Site Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software, or routine that interferes with the proper working of our Services, or otherwise attempt to interfere with the proper working of our Services;
- Use our Services to violate the security of any computer network, crack passwords, or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, our Services or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of our Services, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of our Services.
A. Events and Acceptance of Terms.
As used below, the term “SixThirty Event” means an event, gathering, promotion, meet-up, or similar function that is organized or hosted by SixThirty. A “Non-SixThirty Event” means an event, gathering, promotion, meet-up, or similar function that is organized or hosted by someone other than SixThirty, but that may appear or be listed on our Services. In order to participate or attend a SixThirty Event you must agree to the terms in this Section 6. If you find that you cannot or will not agree to such terms, please do not RSVP to or attend any SixThirty Event. If you RSVP to any SixThirty Event or Non-SixThirty Event through our Services, you signal that you have read, understand, and agree to these event terms.
B. Assumption of risk/release of liability/indemnity
Although we try to create a safe environment at SixThirty Events, accidents happen. We ask that you do your part to help limit the possibility that you might get injured at a SixThirty Event. You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate at a SixThirty Event. For example, you should ensure that you are in good physical health before engaging in any physical activity at a SixThirty Event, and you should always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired. Second, please note that some of the other SixThirty Event guests may be less responsible than you, and may themselves create additional risks to you despite their best intentions. In summary, you understand that your attendance and participation at SixThirty Events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law. Similarly, you agree that SixThirty is not responsible for any injuries you might sustain at Non-SixThirty Events listed on our Services.
You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge, and covenant not to sue SixThirty and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, manager, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses, or expenses (including court costs and reasonable attorneys’ fees) which may arise out of, result from, or relate in any way to your attendance at any SixThirty Event or Non-SixThirty Event, except for any gross negligence or willful misconduct on our part.
You further agree to indemnify and hold SixThirty, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connection with your attendance or conduct at any SixThirty Event or Non-SixThirty Event.
SixThirty and its sponsors and vendors sometimes take photos and videos at SixThirty Events, and later use them for promotional purposes. By participating or attending in any SixThirty Event, you agree that you may appear in some of these photos and videos, and you authorize their use in this fashion. In addition, if you take any photos or videos of attendees at a SixThirty Event and provide them to us, you authorize us to use them in the same fashion, and represent that the attendees that appear in your photos and videos have consented to such use. We do not control Non-SixThirty Events or the people that organize them. It is possible that organizers or attendees of Non-SixThirty Events will take photos or shoot videos in which you appear and then post them online (including, possibly, on our Services). By RSVP’ing to a Non-SixThirty event through our Services, you authorize SixThirty’s use of such media for promotion purposes.
While we hope not to, we may prohibit your attendance at any SixThirty Event at any time if you fail to abide by the Terms, including this Section 6, or for any or no reason, without notice or liability of any kind. We reserve the right to cancel any SixThirty Event at any time, for any reason, and without liability or prejudice.
E. Unofficial Events
From time to time, members of the SixThirty community organize their own meet-ups and events. Although SixThirty representatives sometimes join, such events are Non-SixThirty Events and are not sponsored or endorsed by SixThirty, even when promoted through our Services. All terms and conditions related to Non-SixThirty Events apply equally to such events. If you organize such an event, you agree not to create the impression that it is sponsored or endorsed by SixThirty. You agree that you will not represent yourself as an employee, representative, or agent of SixThirty (unless, of course, you are actually employed by SixThirty, in which case these Terms will govern your participation in any SixThirty Event to the extent such Terms are not inconsistent with SixThirty’s standard employment agreements or policies).
7. Privacy and Copyright/Trademark Disputes
B. Copyright and Trademark Disputes
If you believe that your copyright or trademark is being infringed through our Services, please send us a written notice with the following information:
- Identification of the copyrighted or trademarked work that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit SixThirty to locate it on our Site (e.g., the URL for the web page on which the content appears);
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
- A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion.
You can send us your copyright or trademark notices to:
911 Washington Ave.
St. Louis, MO 63101
8. Suggestions and Improvements
By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against SixThirty and its users any claims and assertions of any moral rights contained in such Feedback.
9. Third Parties
You understand and agree that you are personally responsible for your behavior on our Services. You agree to indemnify, defend, and hold SixThirty, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them (collectively, the “SixThirty Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of our Services, (ii) your violation of the Terms, or (iii) the infringement by you of any intellectual property or other right of any person or entity. SixThirty reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of SixThirty. SixThirty will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
11. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE SIXTHIRTY ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. OUR SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE SIXTHIRTY ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SIXTHIRTY ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF OUR SERVICES, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE SIXTHIRTY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM OUR SERVICE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF OUR SERVICES, OR INFORMATION FOUND ON, OR MADE AVAILABLE THROUGH OUR SERVICES.
B. THE SIXTHIRTY ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OF THIRD PARTIES OR NON-SIXTHIRTY EVENTS. ACCORDINGLY, THE SIXTHIRTY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR ATTENDENCE AT EVENTS AND/OR USE OF SERVICES OFFERED BY THIRD PARTIES THROUGH OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK.
C. THE SIXTHIRTY ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO SIXTHIRTY EVENTS, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH OUR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF OUR SERVICES.
E. THE SIXTHIRTY ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH OUR SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE SIXTHIRTY ENTITIES IN CONNECTION WITH OUR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
F. THE SIXTHIRTY ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
12. Choice of Law and Venue
Missouri law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and SixThirty (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAINT LOUIS COUNTY, MISSOURI.
A. You may terminate the Terms at any time by discontinuing your use of our Services, and providing SixThirty with a written notice of termination to firstname.lastname@example.org.
B. We suspend your ability to use certain portions of our Services and/or ban you altogether from our Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing our Services, Your Content, Site Content, or any other related information.
C. In the event of any termination of these Terms, whether by you or us, Sections 1, and 4 through 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 4.
14. General Terms
A. We reserve the right to modify, update, or discontinue our Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. We may provide you with notices, including those regarding changes to the Terms by email, regular mail, or communications through our Services.
C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
D. The Terms contain the entire agreement between you and us regarding the use of our Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
E. Any failure on SixThirty’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with SixThirty’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
H. The section titles in the Terms are for convenience only and have no legal or contractual effect.