Account Setup (subscription fee required)
ebooth account setup
$99/ month subscription fee - billed monthly
ebooth data acquisition is a service providing all-encompassing event management. The ebooth platform utilizes technology to organize, manage, and engage event attendees. ebooth offers a mobile platform for event professionals and event enterprises that provides branding and engagement features which provide engaging event experiences for the event attendees with these unique features. Using ebooth technology, allows your attendees to participate in contests and sign up for breakout events while providing your business with attendee analytics. ebooth is compatible with iOS, Android, and all desktop operating systems.
See ebooth agreement below:
These terms form part of the ebooth Agreement (the “EBA”) between Point of Sale System Services, Inc. (pss) and ebooth account entity (Participant).
- Service. ebooth is a data acquisition service provided to the participant via various ebooth platform tools. Data is defined as one unique user of the ebooth and any ebooth tool. Data acquisition may include the user’s first name, last name, email address, telephone number, date, and time. The information that ebooth provides to the Participant is the “Data” and any information that personally identifies any individual user is “PII.”
- Provision of Ad Content. ebooth data acquisition Advertisement may include trademarks, service marks, logos and other distinctive brand features of Participant. The “Ad Content” will be provided to pss by or on behalf of Participant. All Ad Content is subject to pss approval and must comply with the pss current specifications and advertising policies, including the lead-time prior to displaying the Lead Generation Advertisement. pss may reject Ad Content and/or stop displaying any Lead Generation Advertisement at any time, for any or no reason (including, but not limited to, a belief that the display of Ad Content may subject pss to liability).
- License/Ownership. Participant hereby grants to pss a non-exclusive, worldwide, royalty-free, fully paid, license to use, reproduce, copy, modify, encode, store, archive, distribute, transmit, translate, publish, and publicly display the Ad Content in connection with the Lead Generation Advertisements via ebooth.
- Terms of Payment. Participant agrees to pay pss for the service provided as outlined in this Agreement. The participant may elect to pay by credit card, subject solely to pss’s discretion, or to receive an invoice. If Participant receives an invoice, payment shall be made to pss within 15 days of the date of such invoice. pss reserves the right to charge a late fee of the lesser of 1.5% per month or the maximum rate allowable by law in the event that pss does not receive payment by the date payment is due. The participant will pay pss’s reasonable expenses, including attorneys’ fees and costs incurred in collecting past due amounts. pss may suspend performance under any agreements with Participant if Participant does not make timely payment or if Participant’s credit becomes impaired.
- Agreement Terms. The term of this Agreement is month to month. The agreement commences with the activation of an ebooth account and automatically renews each successive month.
- Termination. Termination of this Agreement is by mutual written agreement.
- Privacy Policies. The ebooth database(s) in which Data is collected shall be governed by pss’s and Participant’s respective privacy policies.
- Security. Pss agrees to maintain, at a minimum, industry standard security protocols in effect to protect the Data and any PII. Participant agrees to have, at a minimum, industry standard security protocols in effect to protect the Data and any PII.
- Indemnification. Participant will indemnify, defend and hold harmless the pss entities and its and their affiliates and their employees, representatives, and agents against any claim, demand action investigation or other proceeding (“Claim”), including all damages, losses, liabilities, judgments,costs, and expenses (including reasonable attorneys’ fees and costs) to the extent the Claim is based on or arises out of (i) the Ad Content or any material, product or service of participants that appears on any web page linked to from the Lead Generation Advertisement (ii) arises as a result of a security or database breach of EBA, pss, pss’s servers and databases where Data is stored.
- Limitations. THE SERVICES ARE PROVIDED "AS IS" AND PSS MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. PSS SHALL NOT BE LIABLE TO PARTICIPANT (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM PARTICIPANT'S RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, ARISING OUT OF THIS AGREEMENT, REGARDLESS OF WHETHER PSS WAS ADVISED, HAD OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. IN ANY EVENT, PSS’S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS EBA, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED A MONTH’S FEE PAID AND PAYABLE BY PARTICIPANT TO PSS FOR EBA SERVICES.
- Confidential Information. “Confidential Information” means any information disclosed to Participant by pss, either directly or indirectly, in writing, orally, or by inspection of tangible objects, other than information that Participant can establish: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to Participant by pss, (ii) becomes publicly known and made generally available after disclosure to Participant by pss other than through Participant’s action or inaction, or (iii) is in Participant’s possession, without confidentiality restrictions, prior to the time of disclosure by pss, as shown by Participant’s files and records. Participant agrees to take all measures to protect the secrecy of and to avoid disclosure and unauthorized use of the Confidential Information. The participant may not issue any press release or other public statement regarding this EBA without pss’s prior written consent.
- General Terms. The EBA is governed by and construed in accordance with the laws of the State of Massachusetts, except its conflicts of law principles, and each party agrees to personal jurisdiction and venue in the federal and state courts for Worcester County, Massachusetts. If an agency is signing the EBA on behalf of Participant, it will be taken that it has the authority to bind Participant to these terms and agrees to indemnify the pss Entities for any breach by the agency of the EBA. pss and its subsequent assignees, if any, may assign, delegate, sublicense, or otherwise transfer from time to time the EBA, or the rights or obligations hereunder, in whole or in part, to any person or entity. The EBA and these terms are the complete and entire agreement between the parties and supersede any other agreements (whether written or oral) between the parties on this subject. The EBA may only be amended by a written agreement executed by an authorized representative of each party.
Base document ID PDTN909361v4
P.O. Box 85, Clinton, MA 01510 (mailing)
132B Franklin Street, Suite F100, Clinton MA 01510 (shipping)
Phone: 978-425-3003 Fax: 978-425-3021