Terms & Conditions
TERMS AND CONDITIONS
Welcome to RCGNZ, operated by Obrecsys IL Ltd. (“RCGNZ“, “Company“, “our”, “we” or “us“). As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our mobile application and online services (“App” or “Platforms” and “Services“), whether registered under an account or not.
These Terms and Conditions govern your use of our Platforms and Services operated by RCGNZ.
Please also read our Privacy Notice, available at [www.rcgnz.com/privacy] that governs your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our Platforms Which together with these terms and conditions shall be referred to as, the “Terms”.
When we use the Term “Guests” in these Terms we refer to individuals who use our Platforms and Services to consume information about, or attend, events.
When we use the term “Hosts” in these Terms we refer to event creators using the Services to create and organize events for Guests or (b) for Hosts’ service providers, such as co-hosts, greeters, photographers, etc. (“Team Members”),or for any other reason. Hosts, Guests and third parties using our Services are all referred to in these Terms collectively as “Users”, “you” or “your”.
BY USING OUR SERVICES, YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THESE TERMS, YOU MAY NOT USE OUR SERVICES.
RCGNZ is a full suite event planning and organizing app and platform that assists you in planning, organizing and managing touch points between you and your team and your guests in events and allows the Host to invite guests to events and Team Members to the Platform, manage and update invitations, and augmenting the Host’s PR and reach impact by using a facial recognition technology that identifies guests in event’s photos and videos, automatically tags them and allows you to share photos with event’s guests and third parties. (“Services“).
In order to use our Services, you will need to register for an account with us. When you create an account with us, you guarantee that you are above the age of 18 and in case you are registering to the Services on behalf of a corporation or other legal entity you have full corporate power to obligate such entity, and that the information you provide us is accurate, complete, and current at all times. You may also create an account by using the “Sign up” button to sign up with your Apple, Facebook or Google account.
You are solely responsible for the activity that occurs under your account, and for keeping your password or other authentication credentials secure and confidential. In case you are a Host, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) Guests and Team Members , and (b) you will at all times comply with any applicable policies posted on the Platforms with respect to information you collect from (or receive about) Guests and Team Members.
You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach of security or unauthorized use of your account.
All Services provided by RCGNZ may be used for lawful purposes only. Note that, transmission, storage or presentation of any information, data or material in violation of any federal, state or county law is strictly prohibited.
Notwithstanding anything to the contrary in these Terms, RCGNZ may temporarily suspend your access to any portion or all of the Services or terminate your account or right of accesses to the Services if: (i) RCGNZ reasonably determines that (A) there is a threat or attack on any of our Platforms or IT infrastructure; (B) you are using our Platforms or Service for fraudulent or illegal activities or not in accordance with our Terms and Policies; or (C) RCGNZ’s provision of the Services to you or any of your Guests, Team Members or authorized users is prohibited by applicable law; (ii) any vendor of RCGNZ has suspended or terminated RCGNZ’s access to or use of any third-party services or products required to enable you to access the Services.
RCGNZ will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Service suspension.
RCGNZ reserves the right to publicly acknowledge or disclose which companies/entities have created an account on the Platforms for the purposes of marketing or sales materials.
3. LICENSE GRANT
Subject to the terms of this Agreement, RCGNZ grants you a limited, non-exclusive, non-transferable, non-sublicensable (except to Team Members and Guests registered via the Services), revocable right to use our Services solely to (a) browse the Services and search for, view, register for an event listed on the Services; and/or (b) create event registration, Host profile and other event settings and webpages to promote, market, manage, track, and collect Guest’s information and photography for an event.
4. LICENSE RESTRICTIONS
You shall not:
- Copy the App or Platform or any part thereof, except as expressly permitted by these Terms;
- Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App or Platform;
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or Platform or any part thereof;
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App or Platform, including any copy thereof;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, Platform or Services, or any features or functionality of the App, Platform or Services, to any third party for any reason, including remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App, Platform or Services.
5. RESERVATION OF RIGHTS
You acknowledge and agree that the App, Platform and Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the App, Platform and Services under these Terms, or any other rights thereto other than to use the App, Platform and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Terms. RCGNZ reserves and shall retain its entire right, title, and interest in and to the App, Platform and Services , including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
6. USER CONTENT & FEEDBACK
Our App, Platforms and Services enable you to share your content or materials, with other users and for your Users to upload and share content with you through our Platforms (collectively, “User Content “).
All User Content must comply with our content standards set out in these Terms. You are responsible for all the content that you or your Users upload to our Platform. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all User Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, federal, national and other laws, rules and regulations; and (c) does not violate these Terms.
User Content must be accurate and truthful. Although we do not actively monitor user content we reserve the right to remove User Content from the Services and Platform if we believe in our sole discretion that it violates these Terms or for any other reason.
Any User Content you or your Users post on Platforms will be considered non-confidential and non-proprietary. By providing any User Content on our Platforms, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
7. COLLECTION AND USE OF YOUR INFORMATION
You acknowledge that when you download, install, or use the App Platform and Services, RCGNZ uses automatic technological means to collect information about you your device and about your use of the App, platforms and Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the App, Platform and Services is subject to our Privacy Notice [www.rcgnz.com/privacy]. By downloading, installing, using, and providing information to or through our App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
RCGNZ may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that RCGNZ has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:
- The Application will automatically download and install all available Updates; or
- You may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.
9. THIRD-PARTY SERVICES
The App, Platforms and Services may display, include, or make available third-party content, including data, information, applications, and other services or provide links to third-party websites or services, including through third-party advertising (“Third-Party Services“). You acknowledge and agree that RCGNZ is not responsible for Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. RCGNZ does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
In consideration of the provision of the Services to you, we will charge you with subscription fees in accordance with the packages and periodic subscription you selected upon registration. You are always able to change and upgrade your subscription plan. Changing subscription or package may result in termination of portion of the data you stored with us depending on the features you will elect to reduce from previous subscription or package.
Upon the end of each subscription cycle, your subscription will be automatically renewed for successive subscription cycles, unless you notify us, by email to email@example.com or through the admin control panel in the Platforms, that you wish to terminate your subscription. Your account and subscription will be terminated as soon as we process your request, usually within several business days.
If a subscription commences with a free trial or a promotional period or package, you will have the right to cancel the subscription prior to the end of the trial or period or package. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us at firstname.lastname@example.org.
All Fees are quoted in US Dollars. We may require additional information from you before completing payment transactions.
All your payment obligations are non-cancelable and except when required by law, paid subscription fees are non-refundable. If you terminate your account and subscription, you are not entitled to any refund (pro-rata or otherwise), for any Fees you have paid for the terminated subscription. You are responsible for paying all Fees applicable to your subscription to the Services, whether or not you actively used, accessed or otherwise benefited from the Services.
Fee that we are unable to charge through the payment method you provided is deemed an overdue Fee. Failure to settle any overdue Fee within ten (10) calendar days of its original due date will constitute a material breach of these Terms. Without derogating from any other rights and remedies available to us under applicable law, overdue Fees will accrue interest at the rate of three-quarters of one percent (0.75%) per month or part thereof, cumulative monthly on the linked capital from the due date until the date of actual payment. You will reimburse us for all legal costs and attorney fees we incur in the course of collecting your overdue Fees.
11. INTELLECTUAL PROPERTY RIGHTS
Our Platforms and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, UX, UI and “look and feel” selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Accordingly, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Platforms of the material published thereon.
These Terms do not grant you a right to Company’s intellectual property, but only a right for personal or internal businesses use, limited and revocable in accordance with these Terms. And any right that has not been expressly granted to you in accordance with these Terms is reserved by the Company and its licensors. For the avoidance of doubt, no provision of the Terms constitutes a waiver of the Company’s intellectual property under any law.
RCGNZ does not claim ownership of the content you share with us through the account, or User Content but will be entitled to take any action necessary with regard to such content and information in order to provide the Services, including copying for backup, caching, and transfer to service providers and all other action that will be necessary at the sole discretion of RCGNZ.
In legal language, by submitting or posting content on or through the Platforms, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, sell, adapt, modify, publish, transmit, display such content and information for the purpose of providing you with the Services.
The Company name, and all related names, logos, product and service names, designs, and slogans belong to or are trademarks, tradenames or service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and require that the people who use our Services do the same. We may terminate the privileges of users who infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on our Services infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our DMCA designated copyright agent for notice of claims of copyright infringement on the Service is our General Counsel, who can be reached as follows:
Obrecsys IL Ltd.
Attn: Legal Department
Bldg C, Ste C, C/O Victor
Wall, NJ 07119
We understand that you (the “Disclosing Party”) has disclosed or may disclose personal or financial information relating to the Disclosing Party’s (the “Proprietary Information”). Proprietary Information includes non-public data provided by you to RCGNZ to enable the provision of the Services. RCGNZ agree to take reasonable precautions to protect such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after two (2) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
15. TERM AND TERMINATION
The Term of our engagement under these Terms commences when you download and install the App or when you start using our Services and will continue in effect until terminated by you or RCGNZ as set forth in this Section .
You may terminate these Terms by deleting the App and all copies thereof from your mobile device or by canceling your account.
RCGNZ may terminate these Terms at any time at its sole discretion. In addition, our engagement under these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions in these terms.
- All rights granted to you under these Terms will also terminate; and
- You must cease all use of the Services and delete all copies of the App from your device and account.
- Termination will not limit any of Company’s rights or remedies at law or in equity.
16. DISCLAIMER OF WARRANTIES
We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond RCGNZ’s reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
17. LIMITATION OF LIABILITY
IN NO EVENT WILL RCGNZ OR ITS SUPPLIERS BE LIABLE TO YOU (OR ANY PERSON CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS OR OTHERWISE ARISING FROM THESE TERMS, INCLUDING WITHOUT LIMITATION, (I) LOSS OF REVENUE OR ANTICIPATED PROFITS (WHETHER DIRECT OR INDIRECT) OR (II) LOST BUSINESS OR (III) LOST SALES, OR (IV) LOST OF DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF RCGNZ HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SUBJECT TO AFORESAID ABOVE, THE TOTAL LIABILITY OF RCGNZ OR ITS SUPPLIERS, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID TO RCGNZ HEREUNDER IN THE TWELVE-MONTH PERIOD ENDING ON THE DATE THAT SUCH CLAIM IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend and hold RCGNZ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
20. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of State of New Jersey without regard to its conflict of law provisions.
21. NO WAIVER
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Platforms or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms ).
22. WAIVER OF CLASS ACTIONS
You acknowledge and accept that claims brought against RCGNZ shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and RCGNZ, you may not adjoin or consolidate any claim with more than one person; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
23. WAIVER OF JURY TRIAL
The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
24. CHANGES TO SERVICES
We reserve the right to withdraw or amend our Services, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Services, or the entire Services, to Users, including registered Users.
25. CHANGES TO THESE TERMS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Platforms. Your continued use of or access to our platforms or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
26. CONTACT INFORMATION
Questions about these Terms should be sent to us at email@example.com