Terms of Attendance and Participation
Last Revised: August 19, 2022
As a registered attendee or participant ("you") in Shoptalk 2023 (the "Event") you 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 or she has accepted these terms and conditions.
- 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 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 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.
- 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 our events.
- No form of harassment, victimisation, bullying, discrimination or threatening, malicious or abusive 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.
- Denial of Admission. Shoptalk reserves the right to deny admission to anyone for any reason.
- Payment. 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.
- Taxes. Fees may be subject 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 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 give Shoptalk the right to charge your card for the difference upon notice that Shoptalk does not agree with your selection of a special rate. All determinations of special rates are 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.
- No Carry Over Fees. There will be no carry over of registrations or fees to subsequent events.
- 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.
- All intellectual property rights in and to the Event, the Event content, and all materials distributed at or in connection with the Event are owned by Shoptalk or the Event sponsors or speakers at the Event. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including without limitation "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 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 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 all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Event is provided on an "as-is" basis. 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, or consequential costs, damages or losses 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.
- 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.
- A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable 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.