Security and Legal

These Terms of Service (the “Terms”) govern your acquisition and use of services on our websites onlive.io, onlive.events, onevent.app, and Apple Appstore/Google Play Check-in app and “OnEvent” and “Onlive Free Check-in app”. By accepting these Terms, either by clicking a box indicating your acceptance or by executing an order form or other document referring to these Terms and the Disclaimer, you agree that these Terms form part of the agreement between you and Onlive Systems Pte Ltd (registration number 201118305N) (“Onlive) (the “Agreement”).

These Terms and Disclaimer was last updated on July 25th, 2019 and are effective between you and Onlive as of the date when you place an order or set up an account at onlive.io. Onlive reserves the right to change these terms from time to time. If such changes are considered material, Onlive will inform its registered customers about the changes by email, and the changes will take affect one month after such emails have been sent. Your continued use of our website or services after such changes will constitute acknowledgement and acceptance of the modified Terms.

In the case of any discrepancy between the wording of our website and these Terms, these Terms prevail.

Subscriber hereby accept to be bound by Onlive’s other policies that are relevant for the use of the Website and the Application, including its Privacy Policy and Cookie Policy, which are available on the Website.

These Terms as well as all other texts throughout the website may be translated from English to other languages. In this case they are to be treated as unofficial translations and are only provided for convenience. They should therefore be interpreted in accordance with their English language version which will prevail in the event of any discrepancy between the english version and the translation. Onlive assumes no liability for any errors, omissions, or ambiguities in the translations. Any person or entity choosing to rely on the translated content does so at their own risk.

• 1. Preface

  Onlive’s Event Management Software (“Onlive-EMS”) enables people all over the world to create event websites as well as plan, promote, manage attendance, sell tickets, manage attendance, and build mobile apps for event engagement for their event using the Onlive EMS. The Onlive EMS include:

  • Onlive Dashboard
  • Onlive ticketing system and payment processing
  • Onlive marketing automation system
  • Onlive reporting & analytics
  • Onlive check-in app
  • OnEvent event app

  These Terms shall govern the contractual relationship between the user of the Onlive-EMS (the “Organiser“) and Onlive, irrespective of which Onlive-EMS service the Organiser is registered for or utilizing. To use the services of Onlive the Organiser must be a legal or actual person and of age.

  These Terms regulate solely the relation between Onlive and the Organiser and does not constitute any rights or undertakings for any third party, including the attendee.

• 2. Undertakings by the Organiser

  The Organiser undertakes:

  • 2.1 To pay for the services provided by Onlive in accordance to the current published charges listed as (“Price List”) on the Onlive website,
  • 2.2 To use the services provided by Onlive in accordance with the current published privacy policy on the Onlive website,
  • 2.3 That the Organiser is of age at the time of registration, provided that the Organiser is an actual person. In cases of legal entities or corporate bodies, the Organiser pledges to have the respective authority to represent the legal entity or corporate body. The Organiser is required to be able to prove the confirmations stated in this clause upon Onlive’s request,
  • 2.4 That the Organiser has the required equipment and knowledge to create their digital deployment,
  • 2.5 Not to use the Onlive Software in any other way or for any other purposes than those stated in these Terms,
  • 2.6 That Onlive has the right to suspend the Onlive-EMS service if the Organiser violates/breaches the terms stated in these Terms/ in accordance to these Terms,
  • 2.7 To inform Onlive immediately about unavailability or malfunctions of the Onlive-Websites,
  • 2.8 To use the Onlive-EMS in accordance with applicable law and the rights of third parties. The Organiser will indemnify Onlive from any claims of third parties based on the illegal use of the Onlive-EMS by the Organiser,
  • 2.9 To inform Onlive immediately in writing about any change of name, company name, address, legal form or bank details,
  • 2.10 If an Event for which Tickets are sold or already have been sold via Onlive shall be cancelled, the Organiser must immediately refund all tickets purchased and inform Onlive in writing once these circumstances have come to the Organiser’s attention.

• 3. Ticket Prices and Charges

  Onlive will charge the Organiser for the Onlive-EMS provided under these Terms in accordance with the current Price List.

  The fees payable to Onlive according to clauses 2.2., 2.3. and/or 2.4. must be paid if the Event is cancelled because of reasons Onlive is not responsible for.

• 4. Accounting

  • 4.1 The Organiser can choose which payment gateways(s) (eg. Stripe, or Paypal) that shall be offered to Attendees. Onlive will not undertake the accounting for the Organiser and the organizer is responsible for their own accounting and payout schedule.
  • 4.2 Onlive will calculate the fees on the money received that will be automatically processed from the Organiser’s credit card or alternatively invoiced one day after the event has ended.
  • 4.3 The Organiser is aware of the risk that specific payment methods (ex. direct debit or credit card) can be reversed by Attendees. The Organiser bears this risk alone. If transactions are reversed after payout to the Organiser according to clause 4.2., these costs plus an eventual fee from the payment gateway for refunding the transaction might apply for the Organiser.

• 5. Refunds

  • 5.1 In the case of Event cancellation or if the attendee reverses the Ticket sale because of another Event change, the Organiser hereby agrees to repay the money paid for the Tickets including all fees according to clause 2.1. within fourteen days. The Organiser hereby agrees to repay the money for the Tickets in their name and for their account.
  • 5.2 For this reimbursement process (according to clause 5.1.), the Organiser must if using Stripe as a payment gateway refund its attendees from Onlive’s backend (see Stripe refund instructions in our how-to section), or if using Paypal from their dashboard. Instructions.
  • 5.3 The Organiser agrees and acknowledges that in the event of an event cancellation it must still bear the Onlive-EMS service cost.

• 6. Protection against fraud / misuse

  • 6.1 The Onlive-EMS offer an extensive security system to protect Organisers against reimbursement of credit card payments. Because of this security system it is possible that – in exceptional cases – payments through payment providers the Attendees’ credit or debit card will not be accepted.
  • 6.2 If the Organiser arouses suspicion of misuse of the Onlive-EMS, Onlive has the right to deactivate the Ticket sales for the Organiser and to stop the Ticket selling. Specifically, a suspicion of misuse of the Onlive-EMS is aroused if: (i) it comes to attention before the Event that the Event shall not (or not in the way as stated in the Website Builder) take place; or (ii) illegal or immoral Events shall take place; or (iii) the reimbursement rate for this Event is above-average, in any case at a reimbursement rate of 2%;

• 7. Privacy policy

  See our privacy policy.

• 8. Limitation of liability

  • 8.1 The Onlive-EMS are provided as-is and Onlive are not, to the extent permitted by applicable law, not liable for any damages or losses, including but not limited to loss of money, data, or other intangible losses or any special, indirect, or consequential damages resulting directly or indirectly from the Organisers use of the Onlive-EMS.
  • 8.2 The Organiser holds Onlive free from all claims, including claims for damages, which other Organisers or other third parties bring against Onlive by claiming a violation of their rights as a result of the content posted on the Onlive-EMS services by the Organiser. The Organiser also holds Onlive free from all claims, including claims for damages, which other Organisers or other third parties bring against Onlive by claiming a violation of their rights as a result of using the services of the Onlive EMS by way of the Organiser. The Organiser assumes all reasonable costs incurred resulting from violating a third party’s rights, including reasonable costs incurred for legal defense. All further rights as well as claims for damages from Onlive remain unaffected. The above-mentioned Organiser’s duties do not apply insofar as the Organiser is not responsible for the injury or infringement in question.
  • 8.3 If Onlive are found to be liable, our liability is limited to the amount invoiced by the Organiser in the twelve (12) months prior to the action giving rise to the liability.
  • 8.4 Onlive reserves the right to, at any time and without notice, to: (i) modify, change, suspend or terminate operation of or access to any or all of the Onlive-EMS, (ii) modify these Terms, or (iii) interrupt the access of the Onlive-websites for maintenance, error correction etc.
  • 8.5 he parties will not be responsible for any delay or failure in any performance due, without limitation, to war, warlike conditions, blockades, embargoes, riots, governmental restriction, labor disturbances, unavailability of anticipated usual means of supplies, transportation or loading facilities, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond the parties reasonable control.

• 9. Term and termination

  • 9.1 These Terms are valid for as long as Onlive provides the Onlive-EMS to the Organiser.
  • 9.2 The Organiser has the right to terminate these Terms for convenience by two (2) weeks prior written notice to Onlive
  • 9.3 Onlive has the right to cancel these Terms regarding the provision of Onlive-EMS in case:
    
    • The Organiser has contravened against important provisions of these Terms,
    • The Organiser has filed for bankruptcy, insolvency proceedings have been started or the start of the insolvency proceedings have been dismissed in default of assets.
    • Circumstances occur that the Organiser cannot fulfill his contractual obligations against Onlive or third parties in default of assets, and – in addition – the Organiser gives no proof of sufficient assets within thirty (30) days after request by Onlive to do so, or
    • The Organiser does not offer an Event.
    If any provision of these Terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.

• 10. Governing law

  These Terms and the contractual relationship is to be governed by and construed in accordance with the laws of the Republic of Singapore.

• 1. Privacy Policy

  • 1.1 Only the English version of the privacy policy (the 'Policy') is legally binding. Translations ' if any - have been provided purely for User's convenience. In the event of discrepancy between the translated copy and the original English version, the English version shall prevail.
  • 1.2 onlive.io or onlive.events is an Event Management Software designed by Onlive to allow Subscribers to effectively manage and market their Events, and which allows Users to purchase tickets and sign up for Events offered by the Organizers.
  • 1.3 Complimentary use of the Website does not require a User to submit any personal information. Users who wish to purchase any of the Services available on the Website, e.g. tickets or admission to Events, will need to submit certain personal, incl. e.g. name, title, phone number and email, as well as payment information, in order to be allowed to purchase such items. Businesses (Users) who sign up as Subscribers to onlive.io or will need to submit certain information in order to be granted access to onlive.io (also referred to as the Onlive Dashboard). Most of the information that needs to be submitted will be company and business information. However, some personal information needs to be submitted, incl. e.g. name, title, phone number and email of User's nominated contact person.
  • 1.4 This Policy (together with our Terms of Use, Disclaimer, and any other documents referred to in it) sets out the basis on which any personal data we collect from Users or Users provide to us, will be processed by us.
  • 1.5 This Policy applies to onlive's Websites and mobile applications (the apps).
  • 1.6 We take Users' privacy seriously and we provide this Policy to inform User of our practices with respect to how we collect, use, and protect personal information about visitors and Subscribers of our Websites and apps. Personal information is information that is personally identifiable like a User's name, email address, phone number, mailing address, etc. By using this Website and the apps User consents to the terms described in this Policy.
  • 1.7 This Policy may be amended by Onlive from time to time without notice to Users. Users can review the most current version of the Policy on the Website.

• 2. Information About Us

  • 2.1 Onlive Systems Pte Ltd ('Onlive') is registered in Singapore under company number 201118305N. References to Onlive herein shall include its Affiliates, except that no Affiliate shall be held liable for obligations and duties of any of the other Affiliates.
  • 2.2 The address of our registered office and is 10 Jalan Besar #07-07 Sim Lim Tower, S208787, Singapore.
  • 2.3 In most instances Onlive will be the data processor in respect of personal information, while User or Subscriber will be the data controller, e.g. when User or Subscriber submits personal information about its nominated contact person. However, for certain types of personal information, Onlive may be the responsible data controller.

• 3. Information Collection

  • Onlive may collect and process the following personal data about Users of the Website:
    • Information that Users provide by filling in forms on the Website or apps. This includes information provided at the time of registering to use our Website
    • A record of any correspondence with User;
    • Details of which Services User is interested in;
    • Details of User's visits to our Website and apps including, but not limited to traffic data, location data, web logs and other communication data, whether
    • Information on whether User has opened and clicked on certain content in our emails sent to User;
    • Information about User's computer, including where available User's IP address, operating system, browser type and device ID, for system administration and
  • 3.2 Onlive does not require that Users enter any personal information in order to make searches on onlive's Websites or apps, nor when being transferred to third-party websites.
  • 3.3 When a User register him/her or his/her employer as a Subscriber to our Services, we request User to provide information about the employer and the User such as:
    • User's name, phone number, email address, and position with User's employer;
  • 3.4 It is stated expressly whether the data requested by us is mandatory or not.

• 4. Information Use

  • 4.1 When a User register him/her or his/her employer as a Subscriber to our Services, we request User to provide information about the employer and the User such as:
    • administer this Website;
    • to enable User's access to and use of the Website Services and to verify User's authorization to access certain features of the Website;
    • to fulfil User's requests on behalf of User or User's employer for Services;
    • to personalize and customize the content and relevant Organizer Information or Event Information that User or User's employer are offered;
    • to optimize and personalize User's visits by remembering location, language and currency configurations as well as previous searches;
    • to contact User, e.g. if User or User's employer has subscribed to a newsletter or permitted Onlive to do direct marketing;
    • send User marketing communications;
    • to improve our Services;
    • to provide organizer reporting and customer insights.
  • 4.2 In order for Onlive to best protect any personal information, Onlive will on an ongoing basis evaluate the risk that our data processing may adversely affect User's fundamental rights. In particular, we are conscious of the risk of ID theft or discrimination, or that User suffers an economical loss, damage to reputation or loss of data privacy.
  • 4.3 To the extent that the use of the Website requires our processing of sensitive personal information, biometric data, or information about criminal records, Onlive will conduct an analysis of the consequences of the data processing to User's privacy. Such analysis will be conducted prior to our collection of personal information about User.
  • 4.4 Onlive collects, processes and stores only such personal information as is relevant, necessary and sufficient in relation to fulfillment of onlive's regulatory or contractual duties and obligations. Accordingly, our systems are designed to collect only such personal information, which is necessary for the intended purpose. Furthermore, our systems are designed to ensure that the processing of collected personal information is as limited as possible, and that the time of storage of such data is as short as possible. Onlive may also consider whether the type of personal information submitted by a User may be used in an anonymized or pseudonymized form, provided this does not adversely affect onlive's ability to meet its contractual or regulatory obligations.
  • 4.5 It is User's responsibility to submit such personal information as is required for the purpose of our Services, and to ensure that personal information submitted to us is correct and complete. Onlive reserves the right to check the accuracy, integrity and completeness of personal information submitted to us by a User.

• 5. Information Sharing and Disclosure

  • 5.1 Onlive will not sell User's Personal Data to third parties, except in the event of a sale of onlive's business. Onlive shares data about User in the following situations:
    • to provide the Services User has requested including, without limitation Products Data, Supplier Data and Services from third parties such as:
      • suppliers
      • third party vendors
      • business partners
      • referring websites
      • subsidiaries
      • where required by law
      • or when we have User's permission.
  • 5.2 Furthermore, Onlive shares data about User under the following circumstances:
    • Onlive may use third party vendors (data processors, data hosters, and APIs) to assist us in providing our Services and may transfer User's personally identifiable information to such vendors who have entered into a contract with us that protects the confidentiality of User's personal information and permits the vendor to use it only as necessary to fulfil its contract with onlive.
    • We may disclose User's personal information for any of the purposes mentioned above to any Subscriber of Onlive, which includes our subsidiaries or resellers. This also includes entities which we may acquire as part of an acquisition at a future date.
    • In response to subpoenas, court orders, or legal processes, or to establish or exercise our legal rights or defend against legal claims.
    • When we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Onlive's Terms of Use or Onlive's Subscription Agreement, or as otherwise required by law.

• 6. Data Storage

  • 6.1 All personal information that User provides to us is stored on secure ISO/IEC approved third-party servers where Onlive has purchased server storage capacity. At present we have servers located within the EAA (European Economic Area) in Frankfurt and in the Republic of Singapore. The personal information that we collect from User may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). The transfer may be to any other Subscriber of Onlive, or to third parties as set out in this Policy. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting User's personal information, User agrees to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that User's personal information is treated securely and in accordance with this Policy.
  • 6.2 We may be required by law, to hold User's personal information in a specific location dependent upon the location from which User will access Onlive's Services. Regardless of the location in which User's personal information is stored we will take adequate measures to protect the security of User's personal information. These countries may have different and/or less stringent privacy/data protection and data security rules than those of User's own country. As a result, User's personal information may be subject to access requests from governments, courts, or law enforcement in those countries according to the laws in those countries.

• 7. Links to Third Party Sites

  • 7.1 Onlive provides links to third party websites, e.g. after a search; and may provide referrals to certain third parties' Products or Services. If User chooses to visit a third party's website or use its Products or Services, please be aware that this Policy will not govern User's activities and any information that User discloses to such third party. We strongly encourage User to read the privacy policies of the third party websites that User visits. We are not in any way responsible for the content of the websites that we provide links to.

• 8. Confidentiality and Security

  • 8.1 We limit access to personal information about User to employees who we believe have a legitimate need to come into contact with that information to provide Services to User or in order to do their jobs. Onlive will take reasonable technical and organizational precautions to prevent the loss, misuse, alteration, unauthorized access or disclosure of your personal information. While no website or app can guarantee full security, we have implemented appropriate administrative, technical, and physical security procedures to help protect User's personal information. We also use encryption when transmitting personal information that is sensitive to User between User's system and ours. More on this in our Security Overview

• 9. Accessing, Reviewing and Changing User's Personal Information

  • 9.1 We will offer User the ability to access, review and change certain personal information via the registration page on the Website or in the app. Onlive will delete personal information when it is no longer required for the purpose for which it was collected. Furthermore, upon User's request, we will deactivate User's or its representative's' personal profile, and remove User's or its representative's' personal information from active service. User's profile will be deactivated or blocked as soon as reasonably possible based on User's activity. We will retain in our files and databases some personal information to prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, Disclaimer and/or a Subscription Agreement, and comply with legal requirements as permitted by law. Therefore, User should not expect that all of his/her personal information will be completely removed from our databases in response to User's request.

• 10. User's Rights

  • 10.1 User is entitled at any time to get information of which personal data we possess and process about User, where the personal information originates from, and what Onlive uses it for. Furthermore, User is entitled to be informed of how long we will possess the personal information, and information of who gets User's personal information to the extent that we share the information with others. However, Users rights may be restricted to the extent required for the protection of other individual's personal information, protection of any business secrets or protection of any intellectual property rights. More on this in our GDPR compliance documentation.
  • 10.2 Upon termination of a Subscription Agreement with onlive, Subscriber is entitled to receive a copy of any personal information transferred to us. Such copy will be provided in electronic readable form.
  • 10.3 User is entitled to have any incorrect personal information that Onlive holds corrected or deleted.
  • 10.4 Users may at any time request that we delete the personal information that we possess about them. The aforesaid notwithstanding, Onlive is permitted to keep such personal information as long as it is required in order for Onlive to meet its contractual or legal obligations.
  • 10.5 User is entitled to object to our use of personal information about User, including our sharing of personal information for marketing purposes.
  • 10.6 User is entitled to receive a copy of any personal information that we possess about User. User is furthermore entitled to request that we transfer the personal information that we hold to another data processing provider (data portability)

• 11. Changes to this Privacy Policy

  • 11.1 Onlive may update this Policy from time to time. We will notify User about significant changes in the way we treat personal information by sending a notice to the email address specified in User's Onlive profile or by placing a notice on our Website.

• 12. Cookies

  • 12.1 Cookie Policy: When using the Website, the Website sets and accesses cookies on your computer. For further details, see our Cookie Policy, which is available on the Website.

• 13. Law and Venue

  • 13.1 This Policy is to be governed by and construed in accordance with the laws of Singapore, and the parties submit to the exclusive jurisdiction of the courts of the Republic of Singapore.

• 14. Contact

  • 14.1 For any questions about this Policy, please contact us on:
    Email: support@onlive.io

• 15. User's Consent

  • 15.1 User is informed that Organizers have entered into a Subscription Agreement with Onlive for its Event Management Software (EMS), available on onlive.io, and the additional features and functionalities available to Subscribers on onlive.io. User is further aware that purchase of Services, including tickets and admission to Events offered through the EMS requires User's employer to submit certain corporate and business information to onlive, as well as certain personal information in respect of the nominated Users and representatives of User's employer, if applicable. User hereby consents to onlive's collection of such personal information about User as is required for the purpose of the Subscription Agreement and for the use of the EMS and its Services.
  • 15.2 User is further informed and consents to that Onlive may share User's personal information with third parties, as set out in clause 5.1 and clause 5.2 above.
  • 15.3 User is aware and consent to that Onlive may use User's personal information for the purpose of conducting marketing activities towards User, including newsletters.
  • 15.4 These consents have been given of User's own free will, and User may revoke his/her consent at any time.

• 16. Personal Information Collected from Connected Third Party Accounts

  • Onlive may allow you to connect a YouTube channel to your Onlive account. In this case, we will access certain information from YouTube about your channel using YouTube API Services. We may collect channel title, channel thumbnail, username / profile ID, email, access tokens, and live broadcasts. This includes information related to your live videos (such as comments, live viewer counts, ingest address, stream name). If you decide to connect a YouTube channel to your Onlive account, see Google’s privacy policy. When disconnecting a YouTube channel on Onlive, Onlive will delete the stored data associated with that YouTube channel. In addition, you can revoke access via Google’s security settings page.

• 17. Children's Privacy

  • Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.

• 1. Preface

  • 1.1. Only the English version of the disclaimer (the “Disclaimer”) is legally binding. Translations – if any - have been provided purely for User’s convenience. In the event of discrepancy between a translated copy and the original English version, the English version shall prevail.

• 2. Definitions

  • 2.1. The Definitions used in the Terms of Use and in the Terms of Subscription shall, unless otherwise defined herein, apply to this Disclaimer.
  • 2.2. Any reference herein to Onlive Systems Pte Ltd (“Onlive”) shall include any and all of its Affiliates, owners, directors, officers, employees, agents and consultants, except that this shall not constitute an undertaking that any of Onlive or its Affiliates, owners, directors, officers, employees, agents or consultants shall be held jointly or severally liable for the obligations and liabilities of each other.

• 3. Disclaimer

  • 3.1. Any use of the Website, including the Onlive Dashboard, is subject to this Disclaimer and at the Users’ sole risk and expense.
  • 3.2. The Website and Data on the Website is provided on an "as is" and "as available" basis without any warranties or representations of any kind, either express or implied. While Onlive intends that all Data shall be as accurate and up-to-date as possible, Onlive does not guarantee or represent the completeness, reliability or the accuracy of the Data contained within the Website, and cannot be held liable for any actions, including selling or purchasing decisions, taken based on the Data provided.
  • 3.3. To the maximum extent permitted by applicable law, Onlive disclaims all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights for itself and its Affiliates.
  • 3.4 Onlive does not warrant that the Website will meet Users’ requirements or be uninterrupted, timely, secure, or error-free, nor does Onlive make any warranty with respect to the results that may be obtained from the use of the Website, the Products or Services advertised or offered or merchants involved.
  • 3.5. Onlive is not responsible for any loss or injury caused by User’s operating errors when accessing and using the Website and its available Services.
  • 3.6. For purposes of clarity, Onlive does not make any representations about and disclaims all warranties with respect to any actions or omissions of a service provider or third party content owner.
  • 3.7. In the event that User informs Onlive of errors on the Website or its content or the Application, or if Onlive itself detects such errors, Onlive’s liability shall be limited to rectify the error.
  • 3.8. Onlive disclaims any control over, relationship with, or endorsement of websites to which this Website is linked, as well as to any third party Apps that may be able to interact with the Website.
  • 3.9. Onlive shall not be liable for any loss whether direct, indirect, incidental or consequential, arising out of access to, use of or reliance upon any of the content on the Website or sites to which this Website is linked, regardless of whether such content has been accurate or complete, and Onlive will not pay any damages whether for loss or injury, punitive or otherwise because of any such access to, use of, or reliance upon any of the content on the Website or websites to which this Website is linked.
  • 3.10. Onlive cannot guarantee that all available Events will be found by a User through the use of the Website, and cannot be held liable for failure to identify all Events and Organizers through a User’s search.
  • 3.11. Purchase by a User of tickets or admission from an Organizer via the Website is a transaction between the User (purchaser) and Organizer only, and Onlive cannot be held liable for Organizer’s decision to offer, promote or sell its Products, nor for the purchasing specifications, or the correctness or completeness of any information about the potential purchaser, or for the failure by a User to pay for tickets or admissions sold by a Subscriber via the Website. Similarly, Onlive cannot be held liable for User’s decision to purchase tickets or admissions via the Website, nor for the purchasing specifications, or the correctness or completeness of any information about the Event or the Organizer, or for the failure by an Organizer to deliver the purchased service, or for any delay or defects in the service.
  • 3.12. User understands and agrees that Onlive or any other parties involved in creating, producing, transmitting, or distributing the Website or related products or services, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Onlive may have been advised of the possibility of such damages), resulting from: (i) User’s use or inability to use the Website and/or its Services; (ii) the cost of procurement of substitute Products and Services resulting from any Products, Data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) unauthorized access to or alteration of a User’s transmissions or Data; (iv) statements or conduct of any third party on the Website; (v) or acts of nature, forces, or causes beyond Onlive’s reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning or (vi) any other matter relating to the Website however caused and on any theory of liability (including negligence).
  • 3.13. In no event shall Onlive’s total liability to a User for all damages, losses and causes of action whether in contract, tort (including but not limited to, negligence) or otherwise exceed the lesser of the amount paid by User to Onlive during the last 12 months prior to the incident that caused the loss, if any, or S$10,000 per year
  • 3.14 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, Onlive’s liability in such jurisdictions shall be limited to the maximum extent permitted by any law that may apply to such liability.
  • 3.15 The Website may provide links to other websites. Onlive is not responsible for the availability of such other websites and does not endorse and is not responsible or liable for any content, products or other materials available on such other web-sites. Further, Onlive reserves the right to terminate any link or linking program at any time.
  • 3.16 The material that Users read on the Website is provided solely for information purposes. By using the Website, User agrees to indemnify and hold Onlive harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from User’s use of the Website, User's use of the Services offered via the Website, or User's submission of ideas and/or related materials to Onlive or from any person's use of User’s Logon Information, regardless of whether such use is authorized by User. Onlive reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, and in such case, User agrees to cooperate with Onlive's defense of such claim.
  • 3.17 Where Onlive has provided any Services to a User, Onlive cannot be held liable for losses caused by outdated, inaccurate or incomplete information provided to Onlive by third parties, whether under contract or not, nor can Onlive be held liable for failure by a User to obtain export control permits or for a purchaser’s failure to pay for its purchases.

• 1. Introduction

  • 1.1 Only the English version of the cookie policy (the “Policy”) is legally binding. Translations – if any - have been provided purely for User’s convenience. In the event of discrepancy between the translation and the English version, the English version shall prevail.
  • 1.2 This Policy (together with our Privacy Policy) sets out the basis on which any personal data we collect from Users or Users provide to us, will be processed by us.
  • 1.3 This Policy applies to the Onlive Websites and mobile applications (the apps) in different markets that are operated by Onlive Systems Pte Ltd (“Onlive”). By using this Website and the apps User consents to the terms described in this Policy.
  • 1.4 This Policy may be amended by Onlive from time to time without notice to Users. Users can review the most current version of the Policy on the Website.

• 2. Acceptance of Cookies

  • 2.1 The Onlive Websites use cookies and other data files (collectively referred to as "Cookies") covered by the EU E-privacy Directive.
  • 2.2 First time User visits one of Onlive’s Websites that uses cookies, User will be notified that we use cookies, and asked to accept our use of cookies. If User does not wish to allow our use of cookies on User’s computers or other devices used to access the Websites, User may reject our request. However, please note that if User deletes or rejects/blocks cookies, User’s access to Onlive’s Websites may be more or less limited, or the functionality at the Websites may be insufficient or not functioning at all.

• 3. What is a Cookie?

  • 3.1 A cookie is a small amount of data in the form of a very small text file that Onlive’s servers transfer to User’s browser and that only Onlive’s servers can read. Each and every cookie is unique and comprised of the name of the website that created it and a one-of-a-kind string of digits and letters.
  • 3.2 The vast majority of websites and apps place cookies on User’s device’s hard drive (computer, mobile phone or tablet) as User browses them. They do this through User’s web browser – for example, Google Chrome, Internet Explorer, Safari or Firefox. A cookie is only readable and retrievable by the website that created it; different websites are never able to share information through cookies.
  • 3.3 Some cookies (“session cookies”) only last for the duration of User’s visit. These session cookies disappear from User’s computer or mobile device when User closes his/her browser. Other cookies stay on User’s computer or mobile device after User’s browser has closed and last for a specified amount of time. These “persistent cookies” are activated each time User visits the site that generated them.
  • 3.4 When User visits the Website, the cookie captures specific session data to streamline User’s experience. You could say cookies are like a website’s “memories” of User, helping it recall how User has navigated around its pages, and the choices User has made along the way. A website that remembers User is much easier and faster to navigate than one that doesn’t. That’s why most of the websites use cookies. Cookies do not contain personal information and User cannot be personally identified from a cookie. However, if a User who is a Member selects to save his/her username and password, the Onlive Websites will save this information in a cookie so that User will not be required to sign in each time User visits the Website.

• 4. Are Cookies Dangerous?

  • 4.1 Cookies are small and simple strings of characters known as text files. Unlike computer viruses cookies are not computer programs as they do not comprise codes. This means cookies are incapable of harming User’s device, e.g. by spreading viruses, and they cannot read User’s personal information.

• 5. Does Onlive sell Cookie Data to Third Parties?

  • 5.1 Placing our Users first has always been a fundamental guiding principle of what we do. Accordingly, Onlive does not sell User’s data to a third party, except in the event of a third party’s acquisition of Onlive’s entire business. This includes information connected to our cookies. However, Onlive may allow other companies that show advertisements or offer Events on some of our web pages to set and access their cookies on User’s computer. Other companies' use of their cookies is subject to their privacy policies, not this one. Other companies do not have access to Onlive’s cookies.

• 6. How does Onlive use Cookies?

  • 6.1 When User uses one of our Websites or apps, the following 4 categories of cookies may be set on User’s device:
    • Strictly necessary
      These cookies are essential for User to move around our Websites and apps,and use their features. Without these cookies our services won’t work properly. These cookies do not gather information about User’s that could be used for marketing or recording where User has been on the internet.
    • Functionality
      These cookies allow our Websites and apps to remember User’s choices and preferences. They enable us to provide User with enhanced and personalized features. These cookies can also be used to remember changes User’s has made to text size, fonts and other parts of our web pages that User can customize via User’s browser. These cookies do not collect any information that could identify User personally. They do not gather any information about User that could be used to sell advertising or remember where User has been on the internet.
    • Performance
      In order to keep Onlive’s Websites easy to use, relevant and up-to-date, we use web analytics services to help us understand how people use our Websites and apps. Web analytics data and cookies cannot be used to identify User as they never contain personal information. They are used solely for our own statistical purposes. We generally use independent measurement and research companies to collect these statistics for us. In such cases, these cookies may be set by a third party company (third party cookies).
    • Targeting
      We also use cookies to assist in targeted advertising. These cookies are used to show User ads containing OrganizerInformation or Event Information, and prices, and new features and functionalities on the Websites we believe User will be interested in. User may see these same ads while using a website other than Onlive’s. We tailor our ad campaigns with relevant content because we want to inspire User in identifying and ordering User’s preferred Organizers and/or Events and in order to inform User of new features and functionalities that will enhance User’s experience when using the Websites. Although these cookies can track User’s visits around the web, they don’t know who User is. These cookies do not collect any sensitive personal information about User. We also include links to social networks like Facebook. These sites may subsequently use information about User’s visit to a Onlive Website to target User with ads on their websites.

• 7. How can User Manage Cookies?

  • 7.1 User can decide whether to accept or delete all Cookies, or to control Cookies individually for each Website. User can also block the use of Cookies completely. For precise information on how to manage cookies via User’s browser, please visit the browser’s “Help” section.
  • 7.2 Most browsers will allow User to:
    • See what cookies User has or are set on User’s device(s) and delete them individually
    • Block third party cookies
    • Block cookies from particular sites
    • Block cookies entirely
    • Delete all cookies when User closes his/her browser
  • 7.3 Please remember that any changes User makes to User’s cookies settings will apply to all websites that User visits, not just Onlive’s (unless User chooses to block cookies from a particular site only)
  • 7.4 Please note that, if User deletes or blocks cookies, User’s access to Onlive’s Websites may be more or less limited, or the functionality at the Websites may be insufficient or not functioning at all. Therefore, Onlive requires User to have cookies enabled to access certain portions of the Website.

• 8. Law and Venue

  • 8.1 This Policy is to be governed by and construed in accordance with the laws of Singapore, and the parties submit to the exclusive jurisdiction of the courts of the Republic of Singapore.

• 9. Contact

  • 9.1 For any questions about this Policy or how our cookies work, please contact us on:
    Email: support@onlive.io

• BACKGROUND

  • 1. Onlive offers a service where customers can create websites and apps for their events (the "Service").
  • 2. The Customer has entered into an agreement (the "Subscription Agreement") with Onlive in order to make use of the Services, which forms the subject matter of the processing of Personal Data under this Agreement.
  • 3. In providing the Services, Onlive will collect and process certain Personal Data about individuals registering for the Customer's events.
  • 4. Onlive will, under the applicable data protection laws, act as processor to the Customer in relation to the processing of Personal Data required to carry out the Services.
  • 5. In light of the above, Onlive and the Customer have agreed on the following terms and conditions set out in this Agreement concerning the processing of Personal Data under this Agreement.

• DEFINITIONS

  • 1. "Applicable Laws" shall mean all acts, laws, regulations, including but not limited to Data Protection Laws, applicable to each Party.
  • 2. "Data Protection Laws" shall mean the applicable national laws concerning (as well as the Personal Data Protection Act of Singapore) data protection including, if applicable, the national laws implementing Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data and Directive 2002/58/EC of the European Parliament and of the Council concerning the processing of Personal Data and the protection of privacy in the electronic communications sector (ePrivacy Directive) and the subsequent directives and regulations such as the General Data Protection Regulation (Regulation no. 2016/679, the GDPR) and the national implementations thereof and related national legislation.
  • 3. "EEA" shall mean the European Economic Area.
  • 4. "SG" shall mean The Republic of Singapore.
  • 5. "Personal Data" shall mean all information that is directly or indirectly referable to a natural living person such as name, email address, IP-address, location data, and otherwise already publicly known customer information, etc..
  • 6. "Personal Data Breach" shall shall mean a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
  • 7. "Service Processing" shall mean the processing of Personal Data carried out by Onlive on behalf of the Customer, as specified in SCHEDULE 1.

    • GENERAL TERMS

      • 1. Onlive may under this Agreement only carry out the Service Processing of Personal Data in accordance with the instructions of the Customer.
      • 2. This Agreement is intended to constitute and shall be interpreted as a written data processing agreement between Onlive and the Customer pursuant to applicable Data Protection Laws.
  • 8. THE Service PROCESSING
    • • 1. Onlive shall process the Personal Data relating to the categories of data subjects and the Service Processing shall consist of the processing operations as set out in SCHEDULE 1.
      • 2. In carrying out the Service Processing of the Personal Data, Onlive shall act as processor to the Customer and the Customer shall act as controller as defined in the Data Protection Laws.
      • 3. Onlive shall carry out the Service Processing of the Personal Data for the purpose of providing and optimizing the Service to the Customer.
  • 9. TERM OF Service Processing
    • • 1. This Agreement shall enter into force on the date of last signing and, subject to the below section 4.2, shall remain effective until the Subscription Agreement is terminated or expires.
      • 2. Upon the termination or expiry of the Subscription Agreement, without entering into a new agreement replacing this Agreement, the provisions of this Agreement shall continue to apply as long as and to the extent Onlive carries out the Service Processing pursuant to the instructions of the Customer.
  • 10. ONLIVE'S OBLIGATIONS
    • • 1. Onlive may carry out the Service Processing of Personal Data only for purposes necessary for the due performance of the Subscription Agreement and only in accordance with the Data Protection Laws applicable to Onlive and in accordance with the written instructions from the Customer as further detailed in SCHEDULE 2 and as otherwise instructed by the Customer in writing from time to time. Onlive may not disclose any Personal Data to a third party without the prior written approval from the Customer or if required by law.
      • 2. If Onlive does not have sufficient instructions to enable Onlive to deliver the Service or otherwise fulfil its obligations, Onlive shall without delay inform the Customer hereof and specify the need for further instructions and await further written instructions from the Customer prior to continuing the relevant Service Processing of the Personal Data.
      • 3. Onlive shall implement and maintain appropriate and adequate technical and organisational measures as set forth in SCHEDULE 2 and as required under the Data Protection Laws to ensure the security for the Personal Data included in the Service Processing. The measures shall as a minimum protect the processed data against accidental or unlawful destruction, loss, alter- ation, unauthorised disclosure of, or access to, the Personal Data transmitted, stored or otherwise processed by Onlive. The measures shall take into account the particular risks associated with the processing of the Personal Data and the sensitivity of the Personal Data which is processed. The measures shall ensure a level of security appropriate to the risk, including inter alia as appropriate:
        • 1. the pseudonymisation and encryption of the processed data;
        • 2. the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services;
        • 3. the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident;
        • 4. a process for regularly testing assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
      • 4. Onlive undertakes to oblige all persons, including but not limited to its employees, who access the processed Personal Data in the course of the Service Processing operations carried out by Onlive to comply with confidentiality obligations and access restrictions with regard to the Service Processing of Personal Data. Onlive shall ensure that only such employees have access to Personal Data who have received training and/or instructions in the care and handling of Personal Data.
      • 5. Onlive may, as part of the Service, inform the data subjects about the collection of the Personal Data and seek consent on behalf of the Customer where required, provided that the parties agree on this. The Customer acknowledges that the Customer, as controller of the Personal Data, is ultimately responsible under Data Protection Laws for the collection of consent where required.
      • 6. Taking into account the nature of the processing, Onlive shall, upon the Customer's request and in accordance with the Customer's written instructions, assist the Customer by appropriate technical and organisational measures, for the fulfilment of the Customer's obligation to respond to requests of exercising data subject's rights under applicable Data Protection Laws.
      • 7. Onlive undertakes to assist the Customer upon the Customer's request in ensuring compliance with applicable Data Protection Laws, including but not limited to, with regards to the security of processing, notification to the data protection authority and communication to the data subjects of data breaches, data protection impact assessments and prior consultations with the data protection authority.

        • CUSTOMER'S OBLIGATIONS

          The Customer undertakes to comply with this Agreement and its obligations as controller under the Data Protection Laws, including, as applicable, inform the data subjects about the Service Processing and collect consent in accordance with Applicable Laws.

        • DATA SUBJECT REQUESTS

          If the Customer receives a request from a Data Subject in relation to the Personal Data and the Customer deems that such request requires information or actions from Onlive, the Customer shall inform Onlive and Onlive shall use its best efforts to provide the information and/ or take the actions as instructed by the Customer as soon as reasonably possible. If Onlive receives a request from a Data Subject, the instructions in SCHEDULE 2 shall apply.

        • NOTIFICATION

          Onlive shall immediately inform the Customer if, in its opinion, an instruction infringes or is contrary to applicable Data Protection Laws.

      • 8. Onlive shall notify the Customer without undue delay, after becoming aware of a Personal Data Breach relating to the Personal Data processed in the Service Processing. Onlive shall without undue delay provide the Customer with all information about the Data Breach necessary for the Customer to provide notice to the data subjects and authorities, as applicable. Onlive shall not disclose any information relating to a Data Breach without the prior written consent of the Customer. For the avoidance of doubt, information relating to a Data Breach shall be treated by Onlive as confidential information.
      • 9. Onlive shall not respond, without the Customer's prior written specific consent, to requests or inquiries of third parties, including but not limited to government agencies, public authorities, courts, data subjects, relating to the processing of Personal Data under this Agreement and Onlive shall immediately forward such requests or inquiries to the Customer.
      • 10. In the event Onlive is required to disclose information, including but not limited to the processed Personal Data or information relating to the Service Processing, according to Data Protection Laws or the decisions of public authorities or courts, Onlive shall be obligated to inform the Customer thereof immediately and request confidentiality in conjunction with the disclosure of requested information, unless otherwise specified in Applicable Laws
  • 11. INFORMATION AND AUDIT
    • • 1. Each party is obliged to, at its own cost, upon the other Party's request, make available to the requesting Party all information necessary for the purpose of demonstrating compliance with applicable Data Protection Laws.
      • 2. The Customer may carry out or mandate a third party auditor to carry out an audit, with ten (10) days of prior notice, in order to verify Onlive's compliance with this Agreement and with applicable Data Protection Laws. Onlive grants access to Onlive's premises, records and documents for the Customer or mandated third party auditor to carry out the audit to which Onlive shall provide assistance and Onlive shall bear the costs of such audit if the audit reveals any non-compliance with this agreement or applicable Data Protection Laws.
  • 12. SUBPROCESSORS
    • • 1. The Customer authorises Onlive to appoint sub-processors in accordance with this section 10.
      • 2. Onlive may continue to use those Sub-processors already engaged by Onlive prior to the date of this Agreement listed in SCHEDULE 3, subject to Onlive in each case as soon as practicable meeting the obligations set out in section 10.4.
      • 3. Onlive shall disclose any new sub-processors in its list of sub-processors. All sub-processors must as a minimum conform to the respective requirements of this Agreement. When engaging subprocessors, Onlive undertakes to ensure that the contract entered into between Onlive and any subprocessor shall impose at least the same data protection obligations as set out in this Agreement.
      • 4. Onlive will for EEA clients not transfer Personal Data for the Service Processing to a country outside the EEA without the prior written approval of the Customer. Transfer to the sub-processors listed in SCHEDULE 3 shall be considered approved. Onlive shall be fully liable for the lawfulness of any data transfer approved by the Customer and shall secure necessary safeguard for the transfer.
      • 5. Onlive will for SG clients not transfer Personal Data for the Service Processing to a country outside SG without the prior written approval of the Customer. Transfer to the sub-processors listed in SCHEDULE 3 shall be considered approved. Onlive shall be fully liable for the lawfulness of any data transfer approved by the Customer and shall secure necessary safeguard for the transfer.
      • 6. Onlive shall, upon the Customer's request, promptly provide all relevant information relating to the approved subprocessors, such as corporate identity, address, location and a copy of the relevant subprocessing agreement.
  • 13. WARRANTY
    • • 1. Both Parties warrant that they have the necessary authority and mandate to enter into this Agreement.
      • 2. Onlive warrants that the Service Processing of Personal Data is carried out in accordance with applicable Data Protection Laws, including but not limited to the obligations relating to the security of the processing.
  • 14. LIMITATION OF LIABILITY
    • • 1. Both Parties warrant that they have the necessary authority and mandate to enter into this Agreement.
      • 2. Onlive's total liability hereunder, whether arising under or otherwise in connection with this Agreement, shall be limited to an amount equal to the total amount paid by the Customer to Onlive under the Subscription Agreement during the twelve (12) month period preceding the event giving rise to the claim.
      • MEASURES UPON COMPLETION OF Service Processing
      • 3. When this Agreement is terminated or expires, Onlive shall, upon and in accordance with Controller's written request, delete all Personal Data used in the Service Processing or delete and return all such Personal Data to the Customer, unless Applicable Laws require Onlive to store Personal Data.
  • 15. ASSIGNMENT
    • • 1. Neither Party may assign its obligations under this Agreement without the prior written approval of the other Party.
  • 16. ENTIRE AGREEMENT
    • • 1. This Agreement shall supersede any prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof.
      • 2. The Customer is entitled to amend this Agreement if it is necessary to comply with the requirements of applicable Data Protection Laws. Such amendments enter into force at the latest thirty (30) days after the Customer has sent an amendment notice to Onlive, or such other time period which the Customer is obliged to adhere to according to Data Protection Laws and Regulations or relevant authorities. Other alterations of and amendments to this Agreement shall be made in writing and be signed by duly authorised representatives of the Parties to be binding.
  • GOVERNING LAW AND DISPUTES

    This Agreement shall be governed by and construed in accordance with the laws of Singapore, with the exclusion of its conflict of law rules.
    
    The Parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the written consent of the other Party. This notwithstanding, a Party shall not be prevented from dis- closing such information in order to safeguard in the best possible way his rights vis-a`-vis the other Party in connection with the dispute, or if the Party is obliged to disclose pursuant to statute, regulation, a decision by an authority or similar.

  • Counterparts and Electronic signatures

    This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by electronic means by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed as if the original had been received.

  • Processing of Personal Data
    • 1. Types of Personal Data
      • The following types of Personal Data are processed by Onlive on behalf of the Customer in the Service Processing under the Agreement:
      • • 1. (i) First name and last name
        • 2. (ii) Email address
        • 3. (iii) Company
        • 4. (iv) Payment details (bank account and personal identification number)
        • 5. (v) Other information which may be required by the Customer due to the nature of the event, however, under no circumstances information constituting special categories of personal data (under GDPR art 9) or personal data relating to criminal convictions and offences (under GDPR art 10).
    • 2. Categories of data subjects
      • The processed Personal Data concerns the following categories of data subjects: Individuals registering to participate in the Customers events.
    • 3. Service Processing operations
      • The following Service Processing operations shall be carried out for the below specified purposes by Onlive under this Agreement:
      • Service Processing operations - Collecting information from Data Subject in registration forms.
      • Purpose - To enable a record of attendees to an event and their respective payments as necessary to fulfil Onlive's obligations to the Customer under the Subscription Agreement, which includes processing of the data after the event to enable Customers to communicate with the attendees.
  • 2. Instructions
    • 1. Instructions for processing of the Processed Data on behalf of the Data Controller
      • Onlive shall comply with the instructions set forth below with respect to the processing of the Personal Data under this Agreement.
    • 2. Handling and processing of the Personal Data
      • The premises used by Onlive shall be protected with adequate physical security measures.
      • Onlive shall implement a security policy which states for example the manner in which the Personal Data shall be processed, to whom Onlive's personnel shall turn in the event of a burglary or other incident, which personnel are authorized as regards which type of information, back-up procedures, contingency plans, etc. More on this in our Security Overview
      • Onlive should create a safe IT-environment.
    • 3. Data subjects' requests
      • Onlive shall make it possible to log and trace processing of the Personal Data, including the disclosure and transfer of the Personal Data.
      • The Customer authorizes Onlive to, subject to the provisions of this Agreement, directly fulfil the requests of data subjects received by Onlive. Onlive undertakes to inform the Customer of any rectification, erasure, or restriction of processing of Personal Data performed by a direct request of a data subject, unless this proves impossible or involves disproportionate effort.
    • 4. Onlive shall have routines to provide Personal Data concerning a data subject in at the Customer's request.
    • 5. Subject to the provisions of this Agreement, Onlive shall not maintain the processed Personal Data for longer than is necessary taking into consideration the purpose of the processing.

• 1. SUBSCRIPTION AGREEMENT

  • 1.1 Only the English version of the Terms of Subscription is legally binding. Translations – if any - have been provided purely for Subscriber’s convenience. In the event of a discrepancy between the translation and the English version, the English version shall prevail.
  • 1.2 This is a legal agreement which is part of the Subscription Agreement (the “Agreement”) for Onlive’s Application available on Onlive, governing the granted Subscription, as determined in the Agreement.
  • 1.3 The use of Onlive the Onlive Dashboard, Onlive-EMS and any additional Services is subject to the “Agreement”, these “Terms of Subscription” as amended from time to time, the “Terms of Use” as amended from time to time, and the “Disclaimer” as amended from time to time.
  • 1.4 Subscriber further accept to be bound by Onlive’s other policies that are relevant for the use of the Onlive-EMS and the Applications, including its Privacy Policy and Cookie Policy, which are available on the website.
  • 1.5 The Agreement constitutes the entire agreement of the Parties on the subject thereof and supersedes all prior understandings and instruments on such subject. The Agreement may not be modified other than by a written instrument executed by duly authorized representatives of the Parties.
  • 1.6 No waiver of any provision of the Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either Party to enforce any provision of the Agreement shall not constitute a waiver of such provision or any other provision(s) of the Agreement.
  • 1.7 Should any provision of the Agreement be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the Parties and enforced as modified.
  • 1.8 All other terms and conditions of the Agreement shall remain in full force and effect and shall be construed in accordance with the modified provision.
  • 1.9 These Terms of Subscription as well as the contents and functionality of the Onlive-EMS may be amended by Onlive from time to time. Subscriber can review the most current version of the Terms of Subscription on the website.
  • 1.10 Please read these entire Terms of Subscription carefully before accepting its terms.

• 2. SUBSCRIPTION AGREEMENT

  • 2.1. The Definitions used in the Terms of Use shall, unless otherwise defined herein, apply to the Agreement and these Terms of Subscription. Additionally the following terms shall have the following meaning:

    “Onlive Dashboard” means those restricted parts of the Service which are only accessible by Subscribers through the use of a User ID and password to Onlive..

    “Onlive-EMS” means the services provided by Onlive. The services include:

    • Onlive Event website & app builder
    • Onlive ticketing system and payment processing
    • Onlive marketing automation system
    • Onlive reporting & analytics
    • Onlive check-in app
    • OnEvent event app

    “Support Terms” includes the support services as described on the website from time to time.

    “Confidential Information” means any and all information that is disclosed by one Party to the other Party that relates to a Party’s business or the Parties’ business relationship here under, including, but not limited to, information concerning a Party’s finances, products, services, customers and suppliers. Confidential Information shall not include information which: (i) is in or comes into the public domain without breach of the Agreement by the receiving Party; (ii) was in the possession of the receiving Party prior to receipt from the disclosing Party and was not acquired by the receiving Party from the disclosing Party under an obligation of confidentiality or non-use; (iii) is acquired by the receiving Party from a third party not under an obligation of confidentiality or non-use to the disclosing Party; or (iv) is independently developed by the receiving Party without use of any Confidential Information of the disclosing Party.

    “Cookie Policy” shall mean the cookie policy posted on Onlive., as amended from time to time.

    “Disclaimer” shall mean the disclaimer posted on Onlive., as amended from time to time.

    “Effective Date” means the date when the Agreement comes into full force and effect, and shall be the date of Subscriber’s approval of the Agreement, unless another date is agreed between the Parties.

    “Subscriber” means the party named as such in the Agreement;

    “Subscription” means the grant by Onlive to the Subscriber under the Agreement to use the Onlive-EMS, incl. the Onlive Dashboard, and such additional Services as Onlive may offer to the members from time to time;

    “Privacy Policy” shall mean the privacy policy posted on Onlive., as amended from time to time.

    “Terms of Subscription” shall mean these terms of Subscription as amended from time to time;

    “Terms of Use” shall mean the terms of use posted on Onlive as amended from time to time, which are applicable to Onlive. and to the Onlive Dashboard.

• 3. Delivery

  • 3.1 Delivery
    On the Effective Date Onlive shall convey to Subscriber information of its Subscription account in order for Subscriber to create its own User ID and password to be used for access to the Onlive Dashboard. Subscriber may commence use of the Onlive Dashboard immediately after having created its own User ID and password. In respect of Subscriber’s upload of Information, incl. Event Information, to the Onlive Dashboard, such Information will only be available to Users upon Onlive’s verification, structuring and classification of such Information so that it meets the Onlive-EMS’s requirements.
  • 3.2 Compatibility
    Onlive does not warrant or represent that Subscriber’s hardware, software or other materials, equipment or systems will function or be compatible with the Onlive-EMS, or any third party applications that are part of the Onlive-EMS. Onlive shall not be responsible for the functionality and/or the compatibility and/or Subscriber’s use of any hardware or software or any other equipment or system when accessing and using the Onlive-EMS.

• 4. Member's Obligations

  • 4.1 Use of the Onlive-EMS
    Subscriber shall use the Onlive-EMS only for the purposes for which the Subscription has been granted.
  • 4.2 Use not permitted
    Subscriber may not modify the Onlive-EMS in any way without the written approval from Onlive.
  • 4.3 Access to and use of the Onlive-EMS
    In order for Subscriber to access the Onlive Dashboard, Subscriber must use its User ID and password. For security reasons Onlive has the right at any time, without prior notice, to block Subscriber’s User account and/or make an immediate change of the User ID and/or the password. Subscriber will get access to the Onlive Dashboard at any time only restricted by scheduled maintenance hours and/or by system interruptions that are outside Onlive’s control. Subscriber is responsible and liable for any telephone-, cable- or internet access and transmission charges and any other charges to third parties due to its access to and use of the Onlive-EMS.
  • 4.4 Prohibited Conduct
    Subscriber agrees (i) not to use the Onlive-EMS to upload or distribute in any way files that contain viruses, malware, spyware, corrupted files, or any other similar software, programs or files that may damage the operation of the Onlive-EMS or another’s computer; (ii) not to interfere or disrupt the Onlive-EMS or any networks connected to the Onlive-EMS; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Onlive-EMS or any transactions being offered at the Onlive-EMS; (iv) not to take any action that imposes an unreasonable or disproportionately large load on the Onlive-EMS; (v) not to use the Onlive-EMS to scrape, collect or harvest Product and/or Supplier Information or personal information, including, without limitation, financial information, about other users of the Onlive-EMS; (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Subscriber’s affiliation with a person or entity, (vii) not to use the Onlive-EMS for any purpose other than the permitted use; and (viii) not to use the Onlive-EMS and the Services available through the Onlive-EMS for illegal purposes.
  • 4.5 Security
    Subscriber must keep the User account, User ID and password secure and secret at all times and take steps to prevent unauthorized use of it. Subscriber shall inform Onlive immediately of any unauthorized access to or use of the Onlive Dashboard or any part of the User ID and/or password, which Subscriber knows of, or suspects. In such case, Onlive will immediately block Subscriber’s User account, and request Subscriber to change its User ID and/or password as it deems necessary. Onlive may block Subscriber’s further access to the Onlive Dashboard until the disclosure and unauthorized use of the previous User ID and/or password has been properly investigated. For the avoidance of doubt any access to the Onlive-EMS by a User using any part of Subscriber’s User ID and/or password shall be deemed to be made by Subscriber subject to the Agreement, and Subscriber is fully responsible and liable for any loss or injury sustained by Onlive, third parties or Subscriber arising from disclosure to or use by a third party – whether intentional or incidental – of any part of the User account, User ID and/or the password. Subscriber shall indemnify and hold Onlive harmless against and from any and all claims, damages, losses and expenses (including legal fees and expenses) arising out of or incurred by unauthorized access to or use of the Onlive-EMS, which is attributable to Subscriber’s breach or negligent or deliberate default of the above obligation to safeguard the User account, User ID and password.
  • 4.6 Compliance with Laws
    Subscriber shall comply with all applicable laws and regulations relating to any Service, Product, or download associated with the Onlive-EMS.

• 5. Member's Obligations

• 5.1 The Onlive-EMS offers Subscriber the possibility to offer, promote and sell tickets and admissions to its Events to potential purchasers via the Onlive-EMS. Purchase by a User of tickets or admissions to an Event from Subscriber via the Onlive-EMS is a transaction between the User (purchaser) and Subscriber only, and Onlive cannot be held liable to Subscriber for Subscriber’s decision to offer, promote or sell tickets or admissions for its Events, nor for the purchasing specifications, or the correctness or completeness of any information about the potential purchaser, or for the failure by a purchaser to pay for such purchases via the Onlive-EMS. Onlive urges Subscriber to conduct its own research prior to offering, promoting or selling tickets or admissions to a particular purchaser to ensure the correctness of specifications, and the identity and creditworthiness of the potential purchaser, prior to expediting a purchase order.

• 6. Member's Obligations

  • 6.1 Subscription to the Application is subject to a Subscription Fee. The amount of the Subscription Free and its payment terms depend on which subscription the Subscriber has selected. Further details on the various subscription options and the associated Subscription Fees is available on the website.
  • 6.2 The price stated for the Subscription or specific Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges.
  • 6.3 To pay the fees and charges for the Subscription and/or other Services, you will be asked to provide a payment method at the time when you create your User account on the website. You can access and change your billing information and payment method in the Onlive Dashboard. Additionally, you agree to permit Onlive to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions.
  • 6.4 When you purchase a Subscription and/or other Services on a subscription or ad-hoc basis (e.g., one-off), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Onlive, as applicable, by the method you have chosen at the recurring intervals chosen by you, until the Subscription and/or other Services is terminated by you or by Onlive. By authorizing recurring payments, you are authorizing Onlive to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account. Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Onlive or its service providers reserve the right to collect the missing payment.
  • 6.5 Provided that automatic renewals are allowed in your country/state, you may choose for Subscriptions and/or other Services to automatically renew at the end of a fixed service period. We will remind you by email before any Subscription and/or other Services renew for a new term, and notify you of any price changes. Once we have reminded you that you elected to automatically renew the Subscription and/or other Services, we may automatically renew your Subscription and/or other Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Subscription and/or other Services as described below. We will also remind you that we will bill your chosen payment method for the Subscription and/or other Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Subscription and/or other Services. You must cancel the Subscription and/or other Services before the renewal date to avoid being billed for the renewal.
  • 6.6 Unless otherwise provided by law purchase of Subscriptions and/or other Services are final and non-refundable. If you believe that Onlive has charged you in error, you must contact Onlive within 60 days of such charge. No refunds will be given for any charges more than 60 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
  • 6.7 Onlive may change the price of the Subscription and/or other Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Subscription and/or other Services before the price change takes effect.

• 7. Support

• 7.1  Support is included in the Subscription Fee. We accept online support questions via email or live chat 24 hours per day x 7 days per week. Responses are provided during support hours only, which are 9.30am-6.30pm UTC+8. We attempt to respond to support questions within one business day, but we do not promise or guarantee any specific response time and encourage the use of our online help desk, which can be accessed through the chat widget in the bottom right corner of the website.

• 8. Discliamer and Indemnity

  • 8.1 Disclaimer - No warranties
    Any use of the Onlive-EMS and Services as well as any content of the website is subject to the Disclaimer available on Onlive’s website. Before using the Onlive-EMS, Subscriber should carefully read the Disclaimer.
  • 8.2 Indemnity
    Onlive will indemnify and hold harmless Subscriber against any damages, including costs that may be awarded or agreed in respect of any claim that use of the Onlive-EMS infringes the copyright or other intellectual property rights of any third party, on condition that Subscriber:
    • promptly notifies Onlive of any such claim;
    • makes no admission whether written or oral in respect of any such claim; and
    • gives Onlive full control of any negotiations or litigation in respect of such claim.
    The Subscriber agrees to indemnify and hold harmless Onlive and its directors, officers and employees from any and all claims for damages whereby Onlive has been found liable to any third party under any product liable for Subscriber’s use of the Onlive-EMS or its Services in violation of the policies, instructions and guidelines provided by Onlive.

• 9. Liability

  • 9.1 In no event will either Party be liable to the other Party for any claims, suits, causes of action, and liability from business interruption; loss of revenue, loss of income, loss of profit or anticipated savings, loss of contracts or business opportunities, revenue, and interest; loss of use; loss by reason (in whole or in part) of suspension of operations, shutdown or non-operation; and from any special, incidental, indirect, exemplary, punitive, or consequential damages, regardless of whether sounding in breach of contract, breach of warranty, tort (including, but not limited to, negligence and strict liability), or otherwise, even if such Party has been advised of the possibility of such damages.
  • 9.2 Without limitation to clause 9.1, in the event that Onlive is eld liable for a Subscriber’s loss or damage, Onlive’s total maximum liability for all damages, losses and causes of action whether in contract, tort (including but not limited to, negligence) or otherwise shall in no event exceed the lesser of the amount paid by Subscriber to Onlive during the last 12 months prior to the incident that caused the loss, if any, or SGD 10,000 per year.

• 10. Confidentiality and Privacy

  • 10.1 Confidentiality
    Subscriber shall keep the contents of Onlive. confidential, and shall not, except as expressly permitted by this Agreement or as required by law or court order, disclose them wholly or partly to any third party without the prior written consent of Onlive, except to the extent that the material disclosed:
    • is trivial or obvious;
    • is or comes into the public domain through no fault of Subscriber; or
    • is already in Subscriber’s possession before disclosure by Onlive.
    Subscriber’s obligation of confidentiality applies for the term of the Agreement and for a period of three (3) years thereafter. The Subscriber may disclose Confidential Information only to those of its employees or contractors who need to know such information. In addition, prior to any disclosure of such Confidential Information to any such employee or contractor, such employee or contractor shall be made aware of the confidential nature of the Confidential Information and shall execute, or shall already be bound by a non-disclosure agreement containing terms and conditions consistent with the terms of this Agreement. In any event, the Subscriber shall be responsible for any breach of the terms of this Agreement by any of its employees or contractors. The Subscriber shall use the same degree of care to avoid disclosure of Confidential Information of the disclosing Party as the Subscriber employs with respect to its own Confidential Information of like importance, but not less than a reasonable degree of care.
  • 10.2 Registration Information and Privacy
    Registration is required for Subscriber to access and use Onlive. Subscriber must provide certain current, complete, and accurate information about Subscriber as prompted to do so by the registration form ("Registration Information"), and maintain and update such Registration Information as required to keep such information current, complete and accurate. Subscriber warrants that its Registration Information are accurate and current, and that Subscriber is authorized to provide such Registration Information. Subscriber authorizes Onlive to verify the Subscriber’s Registration Information at any time. If any Registration Information that Subscriber provides is untrue, inaccurate, not current or incomplete, Onlive retains the right, in its sole discretion, to suspend or terminate Subscriber’s rights to access Onlive. Solely to enable Onlive to use information that Subscriber supplies to Onlive and so that Onlive is not violating any rights that Subscriber might have in that information, Subscriber grants to Onlive a non-exclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by Onlive’s computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by Onlive, in each case by any method or means or in any medium whether now known or hereafter devised. Onlive’s gathering and dissemination of personal Information provided by Subscriber is subject to Onlive’s Privacy Policy which is available on the website.
  • 10.3 Monitoring
    Subscriber acknowledges that Onlive or its designees reserve the right to, and may from time to time, monitor any and all activity on the Onlive-EMS by Subscriber to ensure that Subscriber is in compliance with the Agreement and the Terms of Subscription.
  • 10.4 Return of Confidential Information.
    Upon the termination or expiration of the Agreement for any reason, or upon Onlive’s earlier request, Subscriber shall deliver to Onlive all of Onlive’s property or Confidential Information in tangible form that the Subscriber may have in its possession or control.
  • 10.5 Return of Confidential Information.
    Subscriber acknowledges that use by it or communication of Onlive’s Confidential Information to any third party would cause immediate and irreparable harm to Onlive for which money damages would be inadequate. Therefore, Onlive will be entitled to injunctive relief for Subscriber’s breach of any of its obligations hereunder without proof of actual damages and without the posting of bond or other security. Such remedy shall not be deemed to be the exclusive remedy for such breach, but shall be in addition to all other remedies available at law or in equity.
  • 10.6 Publicity/marketing
    Subscriber grants Onlive the right to add the Subscriber’s name and company logo to Onlive’s customer list and website.

• 11. Intellectual Property Rights

  • 11.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Onlive-EMS includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Subscriber includes non-public data provided by Subscriber to Onlive-EMS or collected by Onlive-EMS relating to or incidental to the provision of the Services, including, without limitation, any corporate, business and/or personal data (“Subscriber Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any 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.
  • 11.2 Subscriber shall own all rights, title and interest in and to the Subscriber Data, as well as any data that is based on or derived from the Subscriber Data and provided to Subscriber as part of the Services. Onlive-EMS shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
  • 11.3 Onlive-EMS acknowledges that Subscriber is subject to certain privacy and information security laws and regulations, pursuant to which Subscriber is required to ensure that Onlive-EMS appropriately safeguards personal data. To the extent that Onlive-EMS receives or processes any personal data pursuant to this Agreement or performance of the Services and/or Implementation Services, Onlive-EMS shall (and shall procure that its personnel shall):
    (a) observe the provisions of all applicable laws and regulations pertaining to personal data ("Privacy Laws");
    (b) implement technical and physical safeguards and measures and take such other steps as may be required to ensure that personal data are protected against loss and destruction, and against unauthorised or accidental access, processing, erasure, transfer, use, modification, disclosure or other misuse, and that only personnel authorised by Subscriber have access to such personal data;
    (d) not process such personal data except in accordance with this Agreement and on the express instructions of Subscriber;
    (e) not disclose or transfer such personal data to any third party except in accordance with the Onlive-EMS’s Data-Processing Addendum (https://onlive.io/legal/#dataAddendum) and it’s sub-processors (https://www.onlive.io/legal/#subProcessors), or on the express instructions of Subscriber, and, with respect to any third party to whom personal data is disclosed or transferred Onlive-EMS will enter into a written agreement with such third party requiring safeguarding of personal data in a manner no less restrictive than Onlive-EMS’s obligations under this Agreement;
    (f) not retain personal data for longer than is necessary; and not do or permit any act which might cause Subscriber to contravene any Privacy Law.

• 12. Assignment

• 12.1 Subscriber may not without written approval of Onlive assign or otherwise transfer the Agreement or its rights and obligations under the Agreement, or any part thereof, to any third party. Onlive may assign and transfer its rights in the Onlive-EMS and its content, or any parts thereof, to a third party.

• 13. Recording of Agreement

  • 13.1 Subscriber agrees to assist Onlive in recording this Agreement with appropriate government authorities or third-party hardware or software vendors where such recording is required by law or regulation or by contract or where such recording is permitted or desired by Onlive. All costs associated with recording this Agreement and the rights granted herein, including renewal fees, shall be borne by Onlive. The decision to register, maintain, or renew the registration will be made by Onlive in its sole discretion.

• 14. Taxes

  • 14.1 The Fees under the Agreement do not include any taxes, duties, charges or other with holdings levied against such payments. Subscriber shall furnish to Onlive a tax receipt or certificate for its payment of any such taxes, duties, charges or other paid on behalf of Onlive by Subscriber when Subscriber is required by applicable law or treaty to make such payments to the taxing government.

• 15. Export Control and Trade Restrictions

  • 15.1 Sale of certain products or services may be subject to export or trade restrictions or embargoes. Likewise, transactions with certain individuals or corporations may be subject to restrictions under applicable laws. It is the sole responsibility of Subscriber to ensure that its transactions with purchasers comply with applicable export or trade restrictions or embargoes and/or that transaction with certain restricted individuals complies with applicable laws. Subscriber undertakes to indemnify and hold harmless Onlive from any claim or legal action against Onlive, incl. legal cost, as a consequence of Subscriber’s transactions in violation of applicable export or trade restrictions and transaction with restricted persons.

• 16. Force Majeure

  • 16.1 Either Party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the Party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the Parties’ respective obligations hereunder shall resume. In the event the interruption of the excused Party’s obligations continues for a period in excess of sixty (60) calendar days, either Party shall have the right to terminate this Agreement upon seven (7) calendar days’ prior written notice to the other Party.

• 17. Term and Termination

  • 17.1 Term
    The Agreement shall commence on the Effective Date and shall continue until terminated pursuant to these Terms of Subscription.
  • 17.2 Term
    The Agreement may be terminated by Subscriber by giving 60 days’ written notice to Onlive.
  • 17.3 Termination by Onlive
    Onlive may, in addition to termination provisions agreed in the Agreement, terminate or, at its discretion, suspend the Subscription:
    • forthwith if Subscriber fails to pay any of the Fees on the due date;
    • if Subscriber breaches any terms of this Agreement other than in sub-clause 17.3.1 above, by giving 30 days’ written notice to Subscriber;
    • by giving 60 days’ written notice to Subscriber.
  • 17.4 Change of Control
    If Subscriber, following a transfer of ownership or control, comes under the control of a third party that is a competitor to Onlive, Onlive shall have the right immediately upon such change of control to terminate the Agreement and to disconnect and bar any further access to the Onlive Dashboard. In such instance the terms of clause 17.5 shall apply.
  • 17.5 Effect of Termination
    Subscriber shall, at the option of Onlive, within five working days of Termination either, return to Onlive any material that it has received due to or in its capacity as a Subscriber, including any copy thereof, or certify in writing to Onlive that any material that it has received due to or in its capacity as a Subscriber, and any copy thereof, have been destroyed. Subscriber shall further cease all use of the Onlive Dashboard. Upon termination, Onlive may, without any prior notice and without incurring any liability as a consequence thereof, immediately revoke or block Subscriber’s User account, so that further access to use the Onlive Dashboard is prevented.

• 18. Rights of Third Parties

  • 18.1 No term of the Agreement shall be enforceable by any person who is not a party hereto.

• 19. Law and Venue

  • 19.1 This Agreement is to be governed by and construed in accordance with the laws of Singapore, and the parties submit to the exclusive jurisdiction of the courts of the Republic of Singapore.

Onlive's Sub-Processors

• Intercom - USA

  Customer support chat, emails and FAQ as well as for Business intelligence.

  • How Intercom is working with GDPR

• Amazon Web Services - Frankfurt & Singapore

  We use the following service from Amazon Web Services

  • Amazon EC2 (images and other files)
  • Amazon RDS (database)
  • Amazon SES (email)
  • AWS GDPR center

• SINCH - Sweden

  Sinch is our SMS provider for sending SMS from our system as well as sending SMS notifications.

  • Data Processing Addendum

• Stripe - USA

  Payment provider for subscriptions and tickets.

  • Data Processing Addendum

• Paypal - USA

  Payment provider for tickets.

  • Data Processing Addendum

• Intercom - USA

  We use Intercom as our support chat.

  • Intercom PP

• Google - USA

  We use the following Google products

  • Google Analytics to track ad campaigns, see number of visitors and how they behave at our sites.
  • Google Tag Manager to track clicks
  • Google Adwords
  • Google Cloud Messaging - to enable organizers to sending push notifications.
  • Google Maps
  • Google Cloud Print - for printing of Name Badges
  • Google and GDPR

• Apple

  We use the following Google products

  • Apple Airprint - For badge printing
  • Apple APN - For push notifications
  • Apple Privacy Policy

• Facebook - USA

  We use Facebook's tracking pixel to re-targeting of ads.

  • Facebook GDPR

• Slack - USA

  We send notifications to Slack when significant things happen in our systems. Organizers can also enable Slack notifications for user-changes and admin actions.

  • Slack GDPR
  • Data Processing Addendum

• CompanyHub

  Our Client Relationship Manager, where we store leads and customer data.

  • CompanyHub GDPR

• SalesForce - USA

  Organizers can integrate with Salesforce and sync user-data between our software and Salesforce.

  • Salesforce Data Processing Addendum

• Hubspot - USA

  Organizers can integrate with Hubspot and sync user-data between our software and Hubspot.

  • Hubspot Data Processing Addendum

• Marketo - USA

  Organizers can integrate with Marketo and sync user-data between our software and Marketo

  • Marketo GDPR

• Zapier - USA

  Organizers can integrate with Zapier and sync user-data between our software and Zapier.

  • Zapier Data Processing Addendum

• Microsoft Clarity

  Our provider for bug tracking and error detection.

  • MICROSOFT PP

• Mux - USA

  We use Mux for encoding of streams.

  • Mux PP