User Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Butterfly6 Inc. ("LaunchTrack", "we," "us" or "our"), concerning your access to and use of our website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to register for the Site.
1.2 Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms are posted.
1.3 Language
We may translate this Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application; (4) you represent and warrant that you are not located in a country that is subject to a U.S. government embargo; (5) you must comply with applicable third-party terms of agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license.
1.5 Social Media
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
1.6 Your Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
1.7 Privacy Policy
We care about data privacy and security. Please review our Privacy Policy at www.launchtrack.events/privacypolicy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
2. Description of LaunchTrack
LaunchTrack provides a simple and quick means for registered users who are event organizers and planners ("Organizers" or "you") to collect payments with respect to the sale of tickets/registrations, merchandise and services for, and the solicitation of donations with respect to, events registered on the Site, including Service Fees ("Event Registration Fees"), from users who want to attend such events ("Buyers"). Payments are all transacted through the Stripe payment processing gateway (the "Gateway"). For more information on Stripe, please see stripe.com.
3. Your Use of the Services
LaunchTrack hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating an event page with respect to, and promoting, managing, tracking, and collecting Event Registration Fees for, an event that you have registered on the Site. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure of all or any part of the Services; (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices on the Services; or (v) engage in any activity that interferes with or disrupts the Services.
4. Payment Methods
Organizers will utilize Credit Card Processing via the Gateway when using the Services. Monetary payments will be made to the Organizer directly by Stripe.com as described below. Your use of the Services shall be deemed to signify your acceptance of any applicable third party merchant services, payment processing or CCP providers.
When an Organizer uses the Gateway for the collection of Event Registration Fees, payment processing occurs directly through Stripe. Stripe will collect all Event Registration Fees on behalf of the Organizer from Buyers and deduct all applicable LaunchTrack Service Fees and Credit Card Processing Fees, and then pass the remainder along to the Organizer pursuant to the payout options the Organizer selects and is qualified to receive, but no less than within five (5) business days after the event end date for the event to which the Event Registration Fees correspond.
It is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site. The Site permits an Organizer to issue refunds to Buyers, provided the refund is issued by Organizer before ninety-six (96) hours after the end date of an event and within six (6) months after the transaction date for the underlying ticket/registration purchase. All communications or disputes regarding refunds are between the Organizer and Buyer.
When you receive a payment, you are liable to LaunchTrack and Stripe for the full amount of the payment, plus any fees, if the payment is later invalidated for any reason. Any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back, including any and all applicable fees charged pursuant to the CCP, to the Organizer of such event.
5. Your Registration Obligations
To be a registered user of the Services as an Organizer you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. LaunchTrack is concerned about the safety and privacy of all its users. For this reason, you must be at least 18 years of age to register for an account.
6. Account, Password and Security
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify LaunchTrack of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LaunchTrack cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
7. Content
You agree that all material contained in or delivered via the Services is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Except as expressly authorized by LaunchTrack in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to LaunchTrack a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please notify our Designated Copyright Agent at: Butterfly 6, 2232 Dell Range Boulevard, Cheyenne, WY 82009 / info@launchtrack.events.
8. Conduct
You agree not to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; that harms minors; that facilitates gambling, gaming, lotteries, raffles, contests, sweepstakes or any other activity featuring the award of a prize; that impersonates any person or entity; that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights; or that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware.
12. Indemnity
You agree to defend, indemnify and hold LaunchTrack, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage, loss, liability, cost and expense resulting from any claim, demand, suit, proceeding or investigation made by any third party due to or arising out of: your Content; your use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this TOS.
16. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LAUNCHTRACK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LAUNCHTRACK MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
17. Limitation of Liability
LAUNCHTRACK SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN ORGANIZER WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND LAUNCHTRACK'S REASONABLE CONTROL.
22. General
This TOS constitutes the entire agreement between you and LaunchTrack and governs your use of the Services as an Organizer. This TOS and the provision of the Services to you are governed by the laws of the state of Florida, U.S.A. Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services, Inc., conducted in Tampa, Florida.
23. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Butterfly6 · 2232 Dell Range Boulevard · Cheyenne, WY 82009
info@launchtrack.events
Privacy Policy
Effective as of October 1, 2019
Protecting your private information is our priority. This Statement of Privacy applies to www.launchtrack.events and Butterfly6 Inc, and governs data collection and usage.
Collection of Your Personal Information
LaunchTrack may collect personal information including but not limited to your full name, legal address, phone number, email, and any other information you voluntarily provide. We do not collect any personal information about you unless you voluntarily provide it to us.
Sharing Information with Third Parties
LaunchTrack may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or optimize your use of our services. All such third parties are prohibited from using your personal information except to provide these services to LaunchTrack, and they are required to maintain the confidentiality of your information.
LaunchTrack may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process; (b) protect and defend the rights or property of LaunchTrack; and/or (c) act under exigent circumstances to protect the personal safety of users or the public.
Tracking User Behavior
LaunchTrack may keep track of the websites and pages our users visit within LaunchTrack, in order to determine what LaunchTrack services are the most popular. This data is used to deliver customized content and advertising within LaunchTrack to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by LaunchTrack. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the LaunchTrack website.
Use of Cookies
The LaunchTrack website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.
Security of Your Personal Information
LaunchTrack secures your personal information from unauthorized access, use, or disclosure using SSL encryption on all pages which receive sensitive information. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure.
Children Under Thirteen
LaunchTrack does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Designated Countries Privacy Rights (GDPR)
This Section only applies to Users and Customers of the Services that are located in the European Economic Area, United Kingdom and/or Switzerland (collectively, the "Designated Countries") at the time of data collection. LaunchTrack is a data controller with regard to any personal information collected from Customers or Users of its Services. You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal basis of consent, contract or legitimate interests.
If you believe we have infringed or violated your privacy rights, please contact us at info@LaunchTrack.com so that we can work to resolve your concerns. You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.
California Consumer Privacy Act (CCPA)
The CCPA provides California residents with specific rights regarding their personal information. You have the right to request that LaunchTrack disclose certain information to you about our collection and use of your personal information over the past 12 months. You have the right to request that LaunchTrack delete any of your personal information that we collected from you and retained, subject to certain exceptions.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing info@LaunchTrack.com or sending a letter to Butterfly 6, 2232 Dell Range Boulevard, Cheyenne, WY 82009.
Changes to This Statement
LaunchTrack reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page.
Contact Information
Butterfly6
info@launchtrack.com
2232 Dell Range Boulevard
Cheyenne, WY 82009