Terms of Attendance and Participation – Shoptalk 2024: Community, Connections & Content

Last Revised: January 12, 2024

As a registered attendee or participant ("you") in Shoptalk 2024 (the "Event") you hereby agree to these terms and conditions (collectively, the "Agreement") with Shoptalk Commerce, LLC ("Shoptalk"). If you are completing the registration on behalf of another individual, you warrant that you have made the attendee or participant aware of this Agreement and that he/she/they has/have accepted this Agreement.

Attendee Requirements

Admittance. Your registration entitles you only to admittance to the Event. All other costs associated with your attendance (e.g., travel and accommodation expenses) shall be borne solely by you, and Shoptalk shall have no liability for such costs.
Use of Likeness. By attending the Event you grant Shoptalk the right at the Event to record, film, photograph, or capture your likeness in any media and to distribute, broadcast, use, or otherwise disseminate, in perpetuity, such media without any further approval from or any payment to you.
Event Content. Shoptalk, in its sole discretion, reserves the right at any time to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, moderators, venue and time.
Identification. At time of check in, you must provide a valid form of photo identification.
Attendee Badge Usage. Attendee badges must be worn at all times in Event areas.
Visa Requirements. It is solely your responsibility to comply with any government visa requirements and failure to do so does not constitute a basis for a refund. Shoptalk shall have no liability with respect to any failure on your part to comply with such government visa requirements.
Attendee Requirements:

You will treat our staff, visitors, other customers and service providers with fairness, integrity, dignity and respect.
You will respect the values, beliefs, cultures and religions of such persons.
You will comply with all reasonable instructions given by our employees whilst participating in or attending our events.

Prohibited Conduct

No form of harassment, victimization, bullying, discrimination or threatening, malicious, abusive or otherwise objectionable (in our sole discretion) language or conduct will be tolerated towards our staff, visitors, other customers or service providers.
Limitations on Use. By registering, you agree not to share, transfer, sell or trade your badge. If you violate this policy, Shoptalk may cancel your attendance and retain any payments.
Photography, Recording, and Videotaping. You may not record audio or video of sessions at the Event. Shoptalk allows cameras on the show floor. You may take pictures within the show for purposes of company or annual reports, company media pieces, marketing materials, etc., subject to the intellectual property rights terms outlined below.
Denial of Admission. Shoptalk reserves the right to deny admission to anyone for any reason.

Fees

Payment. All applicable fees are due upon registration. If payment is insufficient or declined for any reason, Shoptalk may refuse to admit you and shall have no resulting liability to you in this respect.
Taxes. Fees may be subject to sales tax, value added tax, or other taxes and duties, which, if applicable, will be charged to you in addition to the fees.
No Retroactive Fees Adjustments. Once you have successfully registered, your fees will not be adjusted downward based on any sponsorship, discount or any other reason.
Discount and Special Rates. There are no special rates for daily attendance, expo hall only attendance, etc.; only full conferences passes are available. If you register using a special rate that is not applicable to you, you hereby authorize and give Shoptalk (and/or its designated third-party service providers) the right to charge your credit or debit card for the difference upon notice that Shoptalk does not agree with your selection of a special rate. All determinations of special rates are made in the sole discretion of Shoptalk. Even if you meet the definition and requirements of a special rate, Shoptalk reserves the right to not provide you any special rate.
Discount Codes. No discount codes will be honored for onsite attendance. Discount codes may not be used with certain promotions.

Cancellation, Substitution and Lost Badge Policy

Attendee Fees are Nonrefundable. Shoptalk does not refund fees of any kind relating to attendance of the Event.
No Carry Over Fees. There will be no carry over of registrations or fees to subsequent events held by Shoptalk or any of its affiliates.
No Subsequent Speaker Refunds. Paid attendees that later join as speakers are not entitled to a refund of attendee fees paid.
Badge Issuance. Once you have received your badge on site, it cannot be changed, substituted or reissued to a different person.
No Conversion to Sponsor Pass. Registered attendees cannot convert their passes to complimentary sponsor passes.

Privacy Policy

Shoptalk is committed to protecting the privacy of its attendees and participants. Shoptalk's privacy policy is available at http://shoptalk.com/page/privacy. By attending the event and providing us with your information, you represent that you have read, understand, and agree to the terms of our privacy policy.

Intellectual Property

All intellectual property rights in or arising out of the Event, including but not limited to the Event content, any Event logos and trademarks, and all films, videos, photographs, recordings, promotions, advertisements and/or other materials distributed at or in connection with the Event are owned solely and exclusively by Shoptalk (or, as applicable, the Event sponsors or speakers at the Event). You may not use or reproduce or allow anyone to use or reproduce any trademarks or logos (including without limitation the mark "Shoptalk") or other trade names appearing at the Event, in any Event content or in any materials distributed at or in connection with the Event for any reason without the prior written permission of Shoptalk.
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, logos, or other intellectual property rights owned or used under license by Shoptalk; nor does this Agreement grant to you any right or license to any other intellectual property rights of Shoptalk, all of which shall at all times remain the exclusive property of Shoptalk.

Disclaimer of Warranties, Limitation of Liability

Shoptalk gives no warranties of any kind in respect of any aspect of the Event or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing this Agreement, disclaims any and all warranties (express or implied), including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, compatibility, non-infringement, security, and merchantability. The Event is provided on an "as-is" basis. Shoptalk does not make any representations of any kind regarding the Event, its content, materials, or the results of the Event, in terms of their correctness, accuracy, reliability, or otherwise. Shoptalk does not accept any responsibility or liability for reliance by you or any person on any aspect of the Event or any information provided at the Event.
Except as required by law, Shoptalk shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive costs, damages or losses (whether in contract, tort, or otherwise and even if the respective person has been advised of the possibility of such damages) arising directly or indirectly from the Event or other aspect related thereto or in connection with this Agreement.
The maximum aggregate liability of Shoptalk for any claim in any way connected with, or arising from, the Event 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 Shoptalk under this Agreement to attend the Event. If you are dissatisfied with any portion of the Event, or with any other provision of this Agreement, your sole and exclusive remedy is your discontinuation with or nonattendance of the Event.
If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law. Notwithstanding anything to the contrary in this Agreement, we do not disclaim any liability which cannot be disclaimed pursuant to applicable law.

Miscellaneous

Shoptalk's failure to exercise any right shall not be deemed a waiver of any further rights. Shoptalk shall not be liable for any failure to perform its obligations where such failure results from any cause beyond Shoptalk's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary for this Agreement to otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Shoptalk's prior written consent. This Agreement shall be governed by the internal laws of the State of New York and the parties shall submit to the exclusive jurisdiction of the federal and State courts located in the State of New York with respect to any legal action or proceedings arising out of or relating to this Agreement or the matters contemplated hereby, and consent to the service of process by the mailing to such party of copies thereof by certified mail to the other party. Each of the parties irrevocably waives, to the fullest extent permitted by law, any objection to which it may now or thereafter have to the laying of venue of any such proceeding brought in such a court and any claim that such proceeding in such a court has been brought in an inconvenient forum.
A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable and documented attorneys' fees and costs. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind Shoptalk in any respect whatsoever.
Any and all rights not specifically granted under this Agreement by Shoptalk are hereby reserved by Shoptalk.
You acknowledge that this Agreement, as it may be amended from time to time in accordance with its terms, constitutes the entire and final understanding with respect to the subject matter herein. You acknowledge that this Agreement, and the terms and conditions stated herein, supersedes any prior versions of this Agreement or any similar agreements you entered into with Shoptalk.
This Agreement may be amended by Shoptalk at any time by adding, revising, or deleting any terms or conditions. You acknowledge that Shoptalk will provide notice to you of any changes or amendments to this Agreement by posting such modified version of this Agreement on its website (or by other means, including via email, if required by applicable law or if Shoptalk decides to in its sole discretion). You agree to check the website for new versions of this Agreement. Any amendment or modification to this Agreement will be effective on the date listed above. You agree that by engaging with Shoptalk or attending the Event, you agree to and accept all terms of this Agreement as so amended.