Last modified on September 02, 2022
Sites, Terms, and Services
We provide partners’ technology products (the “Products”), services, and vehicles to assist our users and customers in making the most of Atlassian and Jira, among other things (the “Services”). You acknowledge and agree that we do not offer any representation or warranty regarding the Services. You acknowledge and agree that you are the one deciding how and when to access the Site and which Services to use.
These Terms are important. Please read them carefully.
Your Acknowledgment and Acceptance of these Terms
These Terms bind you. You may also be subject to a written agreement between you and us and, when using particular Services, shall be subject to any posted rules applicable to such Services that may contain terms and conditions in addition to those in these Terms, All such guidelines or rules are hereby incorporated by reference into these Terms.
BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY SERVICES AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE, OF ANY PART THEREOF.
These Terms are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms from time to time without notice to you other than updating these Terms on the Site. You acknowledge and agree that it is your responsibility to review the Site and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms. However, for any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms will automatically be effective upon the earlier of (i) your continued use of the Site with actual knowledge of such modifications, or (ii) 30 days following publication of such modified Terms on the Site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms in effect at the time such dispute arose.
As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its components, software, and contents.
We may provide access to our partners’ software from time to time in connection with our Services (the “Software”). Our partner may grant you a license for you to use their Software in connection with our Services. You agree we are not licensing you the Software and you agree to our partner’s terms and condition of that license. You also agree to follow our instructions concerning use of the Software, and to delete or return the Software upon our request or at the expiration of the license term.
You agree not to (a) reverse engineer, disassemble, decompile or otherwise attempt to derive any of the Software, Products, technology, or the Site, (b) make any of the Software, Products, or technology available to any third parties, (c) modify, adapt, translate or create derivative works based on the Software, Products, technology, or the Site, (d) reproduce any portion of the Site, Software, Products, or technology, or (e) permit or authorize any person other than you to access the Software, Products, or technology.
If you ever feel like our Site or Services could be better, please write to us at firstname.lastname@example.org. We certainly appreciate anything you may suggest to make the Site or Services better. If you provide any such feedback or suggestions to us, we may use all such feedback and suggestions for any purpose. So that we may use and incorporate such feedback or suggestions into the Site, or Services, we alone will own all right, title and interest, including all related intellectual property rights, in and to all such feedback or suggestions and you hereby assign all such feedback and suggestions to Us, without any free of charge. This includes all moral rights.
We sometimes may use a third party payment processor to process payments made by you to us. We do not collect or store that payment information, but the third party payment processer may store and collect such information. You agree to pay for all Services provided by us. You acknowledge and agree that no charges by us are refundable to you. You agree to all additional terms included in any order form agreed by you, whether in click-through, electronic signing, or paper format. All non-public pricing terms are confidential, and you agree not to disclose them to any third party. You agree to provide us with complete and accurate billing and contact information, and to update such information within three days of any change.
No Use By Children Under Age 13
If you are under the age of 13, please do not attempt to register with us at the Site or provide any personal information about yourself to us. If you believe we have collected personal information from a child under the age of 13, please contact us at email@example.com.
All trademarks, logos and service marks displayed on the Site are Trundl’s property or the property of other third parties. You are not permitted to use these Marks without Trundl’s prior written consent. You consent for us to display your trade and service marks on the Site and identify you as a customer of ours. You acknowledge and agree that we may develop and publish case studies highlighting the main benefits provided to you by us.
The Site may contain links to other websites operated by third parties. Such third-party websites are not under the control of Trundl. We are not responsible for the content of any third-party website, or any link contained in a third-party website. We provide or include these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If you decide to access any of the third-party websites linked to the Site, you do this entirely at your own risk. We do not generally provide a warning that you are leaving Our Site. Third-party websites are subject to their own terms and policies, including privacy and data gathering practices.
Guarantee, Warranty, and Limitations on Damages
There is no warranty on the Services. What we will promise is that we’ll do our commercial best to provide the Services. If we don’t do a great job for you, although we’ll be deeply sorry, you agree that you can’t hold us liable for it (or the results) legally or morally.
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ and other professionals’ fees) resulting from your registration with, use of Products or Services provided to you, or activities on the Site, your breach of any provision of these Terms and/or any negligence or intentional wrongdoing by you. In connection with any such defense, you shall employ counsel acceptable to us, and we shall be entitled to participate in such defense at our own cost and expense.
WE PROVIDE THE SITE, THE SOFTWARE, ITS CONTENT AND OUR SERVICES “AS IS”, WHERE IS, AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE ANY INFORMATION OR SERVICES PROVIDED TO YOU BY US, OR THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR OUR SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THE SITE AT YOUR OWN RISK.
You release us and hereby hold us (and our Affiliates, agents, directors, officers, employees and content providers) harmless from any and all claims, demands, and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, whether or not suit is instituted, arising out of or in any way connected with the Site, Products, or Services provided by us or your use hereof or activities hereon (the “Released Claims”). You waive the provisions of any state law limiting or prohibiting a general release and acknowledge that you have read and understand, and expressly waive the benefits of, Section 1542 of the Civil Code of California which provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTION OF THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You agree that we have no liability, whatsoever, for the unavailability of the Site caused by failure on or concerning the Site or lack of maintenance or other work to keep the Site operable. We will also not have any liability for any loss of data resulting from delays or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network internal or external to the Site.
Intellectual Property Ownership and Confidentiality
As between you and us, we own the Site, the Services, our trademarks and indicia of origin, and our technology. Our partners own the Products and Software that we may offer.
We are entitled to rely on the accuracy of all information provided by you to us about yourself or the entity you are representing (your “Entity”). You agree to promptly inform us of any such incorrect data or information and bear the reasonable costs of correction.
If you leave us, We’ll miss you dearly but we won’t hold you back. To cancel, just email us at firstname.lastname@example.org and ask us to remove you. We may remove you for any or no reason at any time and will use reasonable efforts to provide notice to you.
The site includes all online JiraCon content, services, speakers, partners, attendees, and those accessing the site through or as part of JiraCon.
JiraCon Sponsors and Speakers (“Sponsors”) and attendees understand that these Terms control their agreement with us. Sponsors must electronically complete all registration forms required by us and pay all appropriate fees. Trundl reserves the right to change time of JiraCon and to reschedule or cancel JiraCon in its sole and absolute discretion, subject to our obligation to refund all fees in the event of a cancelation. Trundl in no way guarantees a minimum attendance threshold.
We will include each Sponsor in the JiraCon promotional materials at the appropriate level if the conditions and applicable deadlines for inclusion have been met. As part of its registration, Sponsor grants JiraCon a limited license to use Sponsor’s trade name, trademarks, and service marks for the purpose of promoting Sponsor’s sponsorship of JiraCon.
Sponsor may distribute brochures, documents, and videos at the Virtual Booth Space provided that samples have been submitted in advance for approval by us. Trundl reserves the right to remove any materials it deems to be inappropriate. For display in the Sponsor section of JiraCon and inclusion in select promotional emails, JiraCon will provide a list of participating sponsors and exhibitors, a logo, and/or brief description of each sponsoring firm. We reserve the right to edit firm descriptions to meet the event theme and as otherwise appropriate. Sponsorship also includes a complimentary link from the Sponsor section of the JiraCon website to the Sponsor’s home page and contact page.
Acceptance as a Sponsor does not imply endorsement by us of a Sponsor’s products and services, and Sponsor will not so imply. A Sponsor Manual/Media Kit will be provided by us prior to the event, which will include deadlines and specifications of the materials provided by the Sponsor.
We reserve the right to, and Sponsor agrees not to take legal action concerning, our (A) rejection or limitation of Sponsor and/or Virtual Spaces/Rooms if, in our sole judgment: (i) the Virtual Spaces/Rooms or any items or materials proposed by Sponsor to be distributed or displayed at the Conference (“Sponsor Materials”) do not meet the standards expected of a display at the event; (ii) the Virtual Exhibit or Sponsor Materials are objectionable for any reason; or (iii) the Exhibit or Sponsor Materials detract from or are not in keeping with the character of the Conference as a whole; (B) removal of any souvenirs, samples, or other virtual handouts of Sponsor Materials which have not been approved by us, (C) ejection of any person or persons who are conducting themselves in an objectionable manner, in our sole discretion; and (D) enforcement of any other term or condition of these Terms.
Sponsor shall receive complimentary Virtual Event registrations as per the appropriate Sponsor Tier. Sponsor must register all staff who will be attending JiraCon using such complimentary registrations, and additional paid registrations if needed. Complimentary registrations allow access to all sessions, workshops, discussions, and social events. Sponsor may purchase additional full registrations for JiraCon, subject to availability.
Unless written permission is obtained no later than one month prior to start of Event, Sponsor may not: (a) assign this Agreement; (b) sublet, assign, or apportion its reservation/space at the Event; and/or (c) use the Event to represent any other firm, individual, company, or party other than Sponsor’s firm/company.
Sponsor acknowledges that it is the sole responsibility of Sponsor to obtain sufficient insurance to protect the Sponsor from any and all losses which might be incurred by Sponsor while attending JiraCon. Sponsor agrees to indemnify, defend, and hold harmless Trundl and its Affiliates for any claims of copyright infringement, trademark, infringement, or defamation. Sponsor agrees to pay JiraCon all fees associated with the sponsorship(s) selected within thirty days of the date of the applicable invoice or by the date of the event, whichever comes first. Should Trundl decline to accept Sponsor’s order, Trundl will return Sponsor’s payment.
If Trundl accepts Sponsor’s enrollment, no refund will be made in full or in part except as detailed herein. If JiraCon is canceled or rescheduled to a time at which Sponsor is unable to attend, Sponsor shall receive a full refund of all money paid by Sponsor pursuant to these Terms, unless cancellation is a result of, or related to, an action by Sponsor.
These Terms are subject to events or occurrences beyond our or your control, including acts of God, war or threat of war, government regulation or advisories, disaster, fire, hurricanes, earthquakes, strikes, civil disorders, terrorism or the threat of terrorism, pandemics, or other emergencies beyond the control of either party, making it illegal, impossible, or commercially impracticable to attend or participate in JiraCon or to provide the services outlined herein. In the event that Sponsor cancels its participation in JiraCon due to events or occurrences listed above in this paragraph, Sponsor will provide written notification to Trundl. The Sponsor will not be assessed liquidated damages, fees of any kind, or service charges. Any and all amounts paid by Sponsor (including sponsorship fees and registration fees) to JiraCon will be refunded within thirty days or credited towards a future event or advertising (to be mutually agreed upon by both parties). In the event that the Sponsor terminates this agreement either in full or part (an example of partial termination would be the cancellation of a previously promoted speaking session) due to events or occurrences other than those listed above in this paragraph, and JiraCon is in less than 45 days from the date of such cancellation, the Sponsor is not eligible for any refund.
Sponsor understands it may receive communications from an event platform host concerning logistics.
We will provide Sponsor an Attendee Registration/Contact List upon full payment of all required fees. Trundl grants Sponsor a limited, nontransferable, nonexclusive license to use the JiraCon proprietary Registration/Mailing List of names, email addresses, titles and companies of Conference registrants and opt-in email addresses of registrants email addresses for a single, one-time communication, post-event, which is germane to the attendee’s Conference experience, and which does not, in the sole opinion of Trundl, tend to mislead, misinform or deceive or which may be distasteful in content or presentation. Sponsor’s one-time mailing must be completed within six (6) months from receipt of the Mailing List. The Mailing List may be used for email use only, and Sponsor shall not contact conference attendees by other means. For purposes of this one-time email communication Sponsor may send an appropriate email; message (such as, “Thank you for being a part of JiraCon, here’s how you can reach us”) but may not add attendees to the Sponsor’s newsletter opt-in list or otherwise communicate with attendees who do not specifically opt in. JiraCon’s rights in the Mailing List are not assigned or released as a result of these Terms and no further rights are granted beyond a single email communication. The Mailing List is provided “as is” and “with all faults” and may contain inaccurate address information. No refunds will be given for email addresses that are undeliverable or other inaccurate data. No second use or list enhancement of any kind is permitted from the Mailing List. This list may be seeded with decoy information (at no cost to Sponsor) so that we can detect unauthorized use. In the event that our Mailing List is used other than as allowed herein, Sponsor agrees to pay us $5,000 for each unauthorized use.
Sponsor may reference JiraCon in a byline or text of the materials that will be sent using the Mailing List (“Mailing Materials”). However, the Mailing Materials shall contain the following notice: “JiraCon is a trademark of Trundl. [Sponsor’s name] is not affiliated with Trundl.” Sponsor is not obligated to share a copy of the Mailing Materials for approval with Trundl. Sponsor shall promptly notify Trundl of any Conference attendee complaints regarding the Mailing Materials. Sponsor understands that the confidentiality of the Mailing List is of the utmost importance to Trundl. Sponsor shall implement appropriate security of the Mailing List, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organizational measures. Sponsor will not copy or distribute the Mailing List, except that: (i) one back-up copy may be made for archival purposes by Sponsor; and (ii) Sponsor may share the Mailing List with an email service provider, with which it has a signed contract to use the Mailing List (A “Mail House”) solely to send the Mailing Materials on Sponsor’s behalf containing terms at least as protective of the confidentiality of the Mailing List as those contained in these Terms. Sponsor shall securely destroy the Mailing List within 30 days of its use, shall require any Mail House used to do the same, and shall certify the destruction of the Mailing List in writing to us upon request.
Sponsor agrees to comply with and have appropriate measures in place to ensure that its staff and agents comply at all times with the provisions and obligations of all applicable laws (including but not limited to data protection and data privacy laws) with regard to the Mailing List. Sponsor will implement appropriate technical and organizational measures to ensure to protect the Mailing List from unauthorized access, transmission and disclosure. Sponsor may only use the Mailing List according to the contact restrictions or contact preferences, if any, indicated therein. Where email addresses are provided, Sponsor is responsible for tracking and managing all opt-outs and removing those candidates from the mailing lists provided by Trundl. All requests to be removed from any list shall be forwarded to Trundl at email@example.com. Sponsor shall notify Trundl of any change or situation which would have a materially negative impact on the effectiveness of Sponsor’s security and privacy controls. Sponsor shall immediately notify Trundl of any unauthorized access to, transmission of or use of the Mailing List or the information contained therein, whether such activity is known or suspected (“Privacy Incident”). In the event of a Privacy Incident, Sponsor shall, notwithstanding anything to the contrary in these Terms, hold harmless, indemnify, and reimburse Trundl for any and all damages, losses, fees or costs (whether direct, indirect, special or consequential) Trundl incurs as a result of such Privacy Incident, and remedy any harm or potential harm caused by such Privacy Incident.
Any prohibited use of the Mailing List by Sponsor or agent acting for the Sponsor shall constitute a material breach of these Terms and, in such event, Sponsor agrees that we are entitled to injunctive relief without the necessity of posting a bond or undertaking. Sponsor shall indemnify, defend, and hold Trundl harmless against any damages, loss, claims, costs and reasonable attorneys’ and other professionals’ fees, arising out of such the breach of these Terms, any actual or alleged impropriety or illegality of the Sponsor’s use of the Mailing List or the Mailing Materials, or any Privacy Incident.
As used herein, “Virtual Booth Space” shall mean the specific space in the Virtual Conference Platform assigned to the Sponsor for the duration of JiraCon for attendees to learn about the Sponsor’s company/products, to consume content, and to schedule one on one meetings.
You acknowledge that we have made some effort in creating our Services, Site, and technology, and that we have a legitimate interest in earning a reasonable return on that investment. To the fullest extent permitted under applicable law, you agree that during your registration with us and for a period of twelve (12) months immediately following the termination of our Services for any reason, whether voluntary or involuntary, with or without cause, you shall not attempt, directly or indirectly, to solicit any of our customers, vendors, personnel, advertisers, partners, speakers, that are known to you
We are based in the United States of America, and make no claims that we, or our content is appropriate or may be legally accessed, used, or downloaded outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access our Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
By accessing, registering with, or using the Site, you agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of the State of California, without regard to conflicts of laws rules and shall not be governed by the United Nations Convention on the International Sale of Goods or the laws of any other jurisdiction, state or country. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of California in and for the county of San Mateo and further agree that any cause of action, lawsuit, arbitration, or other dispute resolution procedure you may bring arising under or concerning this Site, or your use of or activities in connection with the Site shall be brought by you exclusively in the state or federal court or arbitration facility located in the State of California, San Mateo County having subject matter jurisdiction thereof.
These Terms, and any order form signed with us, constitute the entire agreement between you and us and, except as otherwise set forth herein, any modification thereto has to be reduced to a writing sign by you and us specifically referencing these Terms.
If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. If you have any questions about the foregoing, please contact Trundl at firstname.lastname@example.org.