PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING, DOWNLOADING, INSTALLING AND/OR USING THE SERVICE. Welcome to our event! This agreement governs your use of the software that allow you to register, explore, share your experience and interact with us and other participants at our event (the “Service”). By using the Service, clicking the “accept” or “ok” button you expressly acknowledge and agree that you are entering into a legal agreement and have understood and agree to comply with, and be legally bound by the terms and conditions of these End User Terms of Service (“Agreement”).
1. Ability to Accept.
You represent and warrant that you are of legal age and otherwise competent to enter into this Agreement in your jurisdiction and, if you are entering into this Agreement on behalf of an entity, that you are authorized to enter into this Agreement on behalf of such entity.
2. Right to Use.
Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable right to: (i) use the Service in connection with our event; and (ii) access and use the Service on a mobile phone, tablet, computer or other device (each, a “Device”) that you own or control in accordance with this Agreement.
You agree not to, and shall not permit any third party to: (i) license, redistribute, sell, lease, lend or rent the Service; (ii) disassemble, reverse engineer, decompile or decrypt or attempt to derive the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any documentation or data related to the Service; (iii) copy, modify, improve or create derivative works or features or a competitive product to the Service or any part thereof; (iv) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Service; (vi) use the Service to violate any applicable laws, rules or regulations, or in any manner that breaches this Agreement.
In order to use some of the Service features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account. You acknowledge and agree that information you provide in the course of creating an Account, joining our event community or registering for our event or use of the Service, including but not limited to, name, email address, phone number, physical address, and employer, will be deemed as provided to us, whether or not you complete the registration process, and may be used by us in connection with our event.
5. Location Data.
6. Your Content.
6.1. You confirm that the content you upload, import, copy, display, transmit and/or otherwise use while interacting with the Service, including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, or any other information (“Your Content”) does not infringe upon any third party rights, including any intellectual property and privacy rights.
6.2. The Service may permit the hosting, sharing, posting and publishing of Your Content (“Your Shared Content”). You understand that Your Shared Content may be publicly available. We reserve the right to monitor, censor, and, upon a notice to you, edit, remove, and/or delete any and all Your Shared Content at any time which we believe to be in violation of the applicable laws and this Agreement.
6.3. Disclosure. We reserve the right to access, read, preserve and disclose Your Shared Content or any other information that we obtain in connection with the Service as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce this Agreement, including investigation of potential violations of it; or (iii) detect, prevent or otherwise address fraud, security or technical issues.
7. Third Party Sources and Content.
7.1. The Service enables you to view, access, link to, interact with and otherwise use third party content that are not owned or controlled by us (“Third Party Content”).
7.2. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety or Intellectual Property Rights (as defined below) of, or relating to, any Third Party Content. You always have the choice to decide whether or not to view or use Third Party Content. Your interaction with and reliance upon, any Third Party Content is at your sole discretion.
7.3. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a third party source and in no way shall be responsible or liable to you in connection with Third Party Content.
8.1. The Service may make available to you features and tools that allow you to send messages (including via webchat, phone text, or email) to us or to other Service users or third parties (“Messages”) in connection with our event (the "Communication Tools").
8.2. If you use the Communication Tools, you represent and agree that:
8.2.1. You have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient's country of residence;
8.2.3. You will use the Communication Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and e-privacy directive;
8.2.4. You will only use the Communication Tools to advertise and promote your bona fide legitimated business interests;
8.2.5.Your use of the Communication Tools and the content of your Messages complies with this Agreement;
8.2.6. You will not use false or misleading headers or deceptive subject lines in Messages sent using the Communication Tools;
8.2.7. You will respond immediately to any request to change communicational preferences by a third party and modify such third party's recorded preferences accordingly;
8.2.8. You will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list.
8.3. If you violate any of these Communication Tools rules or if your use of the Communication Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your Messages cause disruption to the Services, without limitation of any other legal or contractual remedies, your access to the Communication Tools can be limited or suspended.
9. Copyright Policy.
9.1. Removal of Content. It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of Service users who are repeated infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information in accordance with the DMCA:
9.1.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
9.1.2. A description of the copyrighted work you claim has been infringed;
9.1.3. A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;
9.1.4. Your address, telephone number and email address;
9.1.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
9.1.6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
9.2. Counter-Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must include substantially the following (please consult your legal counsel or Section 512(g)(3) of the DMCA to confirm these requirements):
9.2.1. Your physical or electronic signature;
9.2.2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly;
9.2.3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
9.2.4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
9.3. Misrepresentations. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
10. Intellectual Property Rights.
Nothing in this Agreement will directly or indirectly be construed to assign or grant you any right of ownership, title or interest, or any intellectual property rights relating thereto, in the Services or any related content.
“Intellectual Property Rights” mean all rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
If you wish to purchase tickets through the Service (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card information. You agree that all information that you provide in connection with the Transaction will be accurate, current and complete and consent to disclosure, transmission and use of such information as necessary to process the Transaction. You agree to pay all charges incurred by you at the prices then in effect. You will also be responsible for paying any applicable taxes relating to your Transactions. The sale or purchase of tickets may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, and you agree not to hold us liable for your failure to comply with any law or our failure to notify you of, or properly apply, any law. We will comply with law enforcement authorities and may provide them with any and all information you submit to us to assist in any investigation or prosecution they may conduct. You agree that you will only use credit cards belonging to you or such other party who expressly authorize such use for the purpose of conducting Transactions.
We will use any personal information that we may collect or obtain in connection with the Service in accordance with this Agreement, and you agree that we may do so. Please also be aware that certain personal information and other information provided by you in connection with your use of the Service may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.
13. Warranty Disclaimers.
13.1. WE AND OUR AFFILIATES, VENDORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SERVICE TO AND ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SERVICE.
13.2. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
13.3. IF YOU HAVE A DISPUTE WITH ANY OTHER SERVICE USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
13.4. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
14. Limitation of Liability.
14.1. UNDER NO CIRCUMSTANCES SHALL WE OR OUR VENDORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2. IN ANY EVENT, OUR AND OUR VENDORS’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU UNDER THIS AGREEMENT.
You agree to defend, indemnify and hold harmless us, our affiliates, vendors, and the respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Service; (ii) Your Content or Messages; (iii) your breach of this Agreement; and (iv) your violation of any third party right, including without limitation any Intellectual Property Right or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at our own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
16. Export Laws.
You represent that you are not, and will not make the Services available to, the resident of any embargoed country or a prohibited person under any export control or anti-terrorism law, regulation or list. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Service, nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
17. Term and Termination.
17.1. This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Service; and/or (ii) terminate this Agreement and your use of the Service if you materially breach this Agreement and fail to cure such breach within fourteen (14) days of written notice thereof.
17.2. Upon termination of this Agreement, you shall cease all use of the Service. Sections 10 (Intellectual Property Rights), 12 (Privacy), 13 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnity), 20 (Governing Law and Disputes ), and 21 (General) shall survive termination of this Agreement.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you.
We reserve the right to modify this Agreement at any time by sending you a notification and/or publishing the revised Agreement on the Service. Such change will be effective ten (10) days following the foregoing notification thereof. Your continued use of the Service following such notification means that you accept those changes.
20. Governing Law and Disputes.
This Agreement shall be governed by and construed in accordance with the laws of New York, NY, USA, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York, NY, USA, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
This Agreement, and any other legal notices published by us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. In the event of a conflict between this Agreement and any other communication, the terms of this Agreement shall prevail. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. A party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.