Terms and Conditions for Devcon3
PLEASE READ THESE TERMS AND CONDITIONS BEFORE FINALIZING YOUR ORDER FOR A TICKET OR COMMUNITY SPONSORSHIP OF DEVCON3.
Devcon3® (“Devcon3” or the “event”)) will take place at Cancun, Mexico on November 1-4, 2017. This agreement (the “Agreement”) is made by and between Stiftung Ethereum, a Swiss Stiftung, located at Zeughausgasse 7a, 6300 Zug, Switzerland (“Conference Organizer,” “we” or “us”), and participants in Devcon3, including, without limitation, persons ordering tickets or community sponsorships for the event, speakers, sponsors, volunteers, substitutions and any attendees of the event (“Participant” or “you”, and together with the Conference Organizer, the “parties”). This Agreement includes and incorporates by reference
Devcon3 is an educational conference, and for an enriching, educational, purposeful conference and for good and valuable consideration, the parties agree to the terms and conditions herein.
1.1 What the Agreement covers. The Agreement includes terms and conditions for ordering a ticket or a community sponsorship for Devcon3, accessing, attending, or otherwise participating in Devcon3.
1.2 Why you should read the Agreement. Please read these terms and conditions carefully before you submit your order to us. These terms and conditions explain the terms of ordering a ticket or a community sponsorship , admittance to, attending, or otherwise participating in Devcon3, including, without limitation, prohibited activities, intellectual property rights, badge control, how you and we may change or end the contract, and other important information.
1.3. Acceptance of your purchase. Our acceptance of your order will take place when you receive a confirmation receipt that your order has been successfully completed, at which point the Agreement will come into existence between you and us.
1.4 Contacts. The Conference Organizer can be contacted at ethereum.org. If we have to contact you, we will do so by the email you have provided to us.
2.1 Your ticket order entitles you to valid Devcon3-issued credentials (a “badge”) that entitles you to admittance to Devcon3. You are responsible for checking in at the event with proof of a valid ticket and ID in order to receive a badge. No one will be admitted to Devcon3 without a badge.
2.2 Any and all other costs or legal requirements associated with your attendance (including, without limitation, visa, travel and accommodation needs and expenses) are solely your responsibility. The Conference Organizer shall have no liability for such costs or failures to make appropriate arrangements.
2.3 In its sole discretion and without refund, the Conference Organizer reserves the right to refuse admittance to, or to expel from, Devcon3 anyone (1) for health or safety concerns; (2) who is under 18 years old and has not received prior approval; (3) who breaches the terms of conduct under this Agreement; (4) who is determined to be behaving in a manner that could be disruptive to Devcon3 or any other attendee; or (5) who is determined to be interfering or participating in conduct that could interfere with the administration of Devcon3 or the enjoyment of Devcon3 by others.
3.0 AGE LIMITATIONS
3.1 Participants must be 18 years of age to order a ticket or attend Devcon3 and all related events. For orders for tickets, you represent and warrant that you are 18 years of age or older, are not barred from attending the event under the laws of the applicable jurisdiction, have the capacity to place an order and/or attend, and have ordered a ticket for your own attendance to Devcon3.
3.2 Participants must be 18 years of age to order a community sponsorship. For community sponsorships, you represent and warrant that you are 18 years of age or older, are not barred from ordering a community sponsorship under the laws of the applicable jurisdiction, and have the capacity and are duly authorized to place the order.
4.0 BADGE CONTROL
4.1 You must produce a valid badge to gain access to Devcon3. The badge must be worn and prominently displayed while at Devcon3 or designated off-site activities and you are responsible for the safe-keeping of the badge during Devcon3.
4.2 Badges are personal revocable licenses issued to attendees and shall at all times remain as the sole property of the Conference Organizer. Badges must be surrendered upon demand to Devcon3 and/or the Conference Organizer’s representatives. For the avoidance of doubt, the personal license is one that is available to the attendee only and is nontransferable.
4.3 False certification, misuse of a badge, or any other method or device used to assist unauthorized personnel to gain admittance to Devcon3, will be just cause for (i) denying entry to and expelling you, any participants involved and related representative(s) from Devcon3 without obligation on the part of the Conference Organizer for refund of any fees and/or (ii)
banning you, any participants involved and related representative(s)from present and future Devcon events.
4.4 Your badge may be invalidated if any part of it is removed, altered or defaced. The Conference Organizer will not be responsible for any badge that is invalidated, lost, stolen or destroyed.
5.0 SOLICITING, RECRUITING AND OTHER PROHIBITED ACTIVITY AT DEVCON3
5.1 Devcon3 is an educational conference and in order to comply with the laws of the host jurisdiction and the laws and rules governing the Conference Organizer, it is important that attendees enjoy the educational nature of the conference. All Participants understand that Devcon3 is not a sales conference, employment jobs fair or other type of conference.
Solicitation, sales, marketing or promotions or offers to sell including, but not limited to, announcements of ICO’s, crowdsales or similar promotional pitches, suitcasing or outboarding are all prohibited at Devcon3. Active recruiting of attendees or other participants is prohibited. Any securities activities including, but not limited to, marketing, promoting, offering to sell, or sales of any kind of investments or securities is also strictly prohibited. “Suitcasing” refers to the practice of “working the aisles” of an event from a suitcase or briefcase, soliciting business from other attendees and participants.
5.2 The Conference Organizer reserves the right to deny entrance or expel any individual from Devcon3 who engages in, assists in, or is reputed to engage or assist in, unethical or non-compliant marketing practices which include, but are not limited to, solicitation, selling, promotion of sales, offers to sell, engagement in any securities activities, recruitment, or otherwise prohibited or illegal activity at Devcon3.
6.0 CHANGES TO THE EVENT; RIGHT TO REFUSE ORDER
6.1 Devcon3 is a multi-day conference requiring the balancing of needs relating to, without limitation, venue, location, local authorities, attendees, speakers, sponsors and administration. You agree that the Conference Orgnaizer may, and the Conference Organizer reserves the right, at its sole discretion, to alter or cancel any aspect of the event, including but not limited to, the content, program, speakers, moderators, venue and time, without notice and without refund.
6.2 In addition to the requirements and prohibitions set forth in this Agreement, the Conference Organizer may, in the Conference Organizer’s sole discretion, also exclude any person from ordering a ticket or community sponsorship. The Conference Organizer reserves the right to cancel, in its sole discretion, any Participant’s ticket or community sponsorship order upon refund of the fee paid to the Conference Organizer provided, however, that if any Participant’s order is cancelled for violating any prohibition or requirement set forth in this Agreement, no refund will be made.
7.0 CANCELLATION POLICY
7.1 There are no refunds. Devcon3 will consider exceptions on a case-by-case basis upon your written request to firstname.lastname@example.org prior to the first day of the event. Any refunds are limited to a maximum amount of the price paid by the Participant.
7.2 Please remember that canceling your ticket or community sponsorship does not automatically cancel your hotel and travel arrangements. Individuals are responsible for their own hotel and travel plans including, but not limited to, all costs, expenses and fees associated with cancellation.
8.0 PRESENTATIONS, VIEWS AND MATERIALS
The views expressed by any Devcon3 attendee, speaker, or sponsor are not those of Devcon3 or the Conference Organizer. All Devcon3 attendees, speakers, and sponsors are solely responsible for the content of any and all presentations and related materials.
9.0 PHOTOGRAPHY, RECORDING, LIVE STREAMING AND VIDEO RECORDING
9.1 Devcon3 reserves the right to use images taken at Devcon3 with your photograph and/or likeness in future marketing materials.
9.2 You may not record or stream or otherwise broadcast audio or video of sessions at Devcon3. Streaming will strain the WiFi resources of the venue and may interfere with speaker presentations and the broad use of WiFi by other attendees. Professional video recording is strictly prohibited and anyone doing so will be immediately escorted out from the event and will be asked to surrendor his or her badge, without refund of fees. Devcon3 allows cameras and photography. You are responsible for compliance with all applicable intellectual property, privacy and publicity laws, rules and regulations.
10.0 INTELLECTUAL PROPERTY
10.1 All intellectual property rights in and to Devcon3, Devcon3 content, and all materials distributed at or in connection with Devcon3 are owned by the Conference Organizer or Devcon3 sponsors or speakers presenting at the Devcon3 . You may not use or reproduce or allow anyone to use or reproduce any trademarks (including without limitation “Ethereum Foundation”) or other trade names appearing at Devcon3, in any Devcon3 content or in any materials distributed at or in connection with Devcon3 for any reason without the prior written permission of the Conference Organizer.
10.2 For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by the Conference Organizer or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of the Conference Organizer or its affiliates, all of which shall at all times remain the exclusive property of the Conference Organizer and its affiliates.
11.0 FORCE MAJEURE
The Conference Organizer shall not be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, acts of God, acts of terrorism, acts of war, disease, epidemics, blackouts, insurrections, riots, civil disturbances, electrical disruptions, third-party injunctions, the availability of the Venue or other similar causes beyond its reasonable control and without the fault of the Conference Organizer or its subcontractors. For one or more of such reasons, the Conference Organizer may postpone, reschedule or cancel the event without liability on the part of the Conference Organizer. In the event Devcon3 cannot be held or is postponed pursuant to this section, the Conference Organizer shall not be liable to attendee for any incidental, consequential, special, direct or indirect damages, costs, or losses incurred, including, but not limited to, transportation costs, accommodations costs, or financial losses. The Conference Organizer will review refund and/or fee transfer requests, submitted in writing, for approval on a case-by-case basis.
12.0 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
12.1 The Conference Organizer gives no warranties in respect of any aspect of Devcon3 or any materials related thereto or offered at Devcon3 and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Devcon3 is provided on an “as-is” basis. Neither the Conference Organizer nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspect of Devcon3 or any information provided at Devcon3.
Some jurisdictions do not allow exclusion of warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in their entireties, but will apply to the maximum extent permitted by applicable law.
12.2 Except as required by law, neither the Conference Organizer nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from Devcon3 or any other aspect related thereto or in connection with this Agreement.
12.3 The maximum aggregate liability of the Conference Organizer for any claim in any way connected with, or arising from, Devcon3 or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to the Conference Organizer under this Agreement. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
13.0 PERSONAL INJURY, LOSS AND INDEMNIFICATION
THE PARTICIPANT SHALL INDEMNIFY AND HOLD HARMLESS THE CONFERENCE ORGANIZER and their respective directors, officers, members, owners, agents, employees and servants (collectively “Indemnitees”) from and against any and all claims, suits, causes of action, damages, losses, liabilities, costs and expenses (including without limitation, reasonable attorneys’ fees and court costs) of any kind whatsoever (collectively “Claims”) arising out of or in connection with participant or its agents’, employees’, guests’ or assigns’ or transferees’ (i) attendance of, access to or participation in Devcon3; (ii) ordering of a ticket or community sponsorship; (iii) use of the event badge, (iv) breach of this Agreement, or (v) act or omission, neglect or wrongdoing. The Participant shall, at its sole cost and expense, defend (with counsel acceptable to the Indemnitees) the Indemnitees against any and all such Claims. Participant and all persons using an event badge, attending, accessing or otherwise participating in Devcon3 assumes all risk and danger of personal injury, death and all other hazards and losses, both personal and property, arising from or related by any way to the event, whether occurring prior to, during or after the event, and the Participant hereby releases the Indemnitees from any such claims or injuries, to the extent permissible by applicable law. This section shall survive the termination or expiration of this Agreement.
14.0 COMPLIANCE WITH LAWS, RULES AND REGULATIONS
14.1 You are responsible for all personal property brought to Devcon3. You agree to comply with the terms of the Agreement and all Devcon3 rules, all applicable local and federal laws, and all applicable rules or regulations adopted from time to time.
14.2 To the extent permissible by law, you and your representatives waive any rights or claims for damages arising out of the enforcement of the badge control restrictions, the prohibited activities restrictions, the video restrictions and the other restrictions expressly set forth in this Agreement.
15.0 WAIVER AND SEVERABILITY
15.1 No waiver by the Conference Organizer of any term or condition set out in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Conference Organizer to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision.
15.2 If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
16.0 GOVERNING LAW
This Agreement and all matters relating to Devcon3 and the registration for Devcon3 shall be governed by and construed in accordance with the laws of Switzerland (excluding treaties or
International Conventions such as the UN-Convention on Contracts for the International Sale of Goods).
Any dispute, controversy or claim arising out of, or in relation to, this contract, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat of the arbitration shall be Zurich unless the parties agree on a city in another country. The arbitral proceedings shall be conducted in English.
18.0 ENTIRE AGREEMENT
The Agreement constitutes the sole and entire agreement between you and the Conference Organizer with respect to your order for tickets or a community sponsorship, access to, attendance of or participation in Devcon3 and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the same. The parties agree that each has not entered into the Agreement in reliance of, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity by any person other than as expressly set out in the Agreement.