Last Revised: June 18, 2020
As a registered attendee or participant ("you" or "Attendee") of an
online event ("Event") produced by Shoptalk Commerce, LLC ("Shoptalk",
"we", "us" or "our") you agree to be bound by these terms and
conditions, which form a legal contract between us and you
(collectively, the "Agreement"). If you are a third-party completing
the registration on behalf of another individual, you warrant that you
have made the Attendee aware of this Agreement and that he or she has
accepted these terms and conditions. If you do not agree with this
Agreement, you should not attend the Event. We advise that you print
or retain a digital copy of this Agreement for future reference.
This Agreement may be modified from time to time, so check back often.
So that you are aware changes have been made, we will adjust the “Last
Revised” date at the beginning of this document. Continued attendance
at the Event by you will constitute your acceptance of any changes or
revisions to this Agreement.
Participation. Your registration entitles you only to
participation in the Event. All other costs associated with your
attendance shall be borne solely by you, and we shall have no
liability for such costs.
Use of Likeness. By attending the Event you grant us the
right at the Event to record, film, photograph, or capture your
likeness in any and all media and to distribute, broadcast, use,
or otherwise disseminate, in perpetuity, such media on a live
and/or recorded basis without any further approval from or any
payment to you.
Event Content. We, in our sole discretion, reserve the
right to change any and all aspects of the Event, including but
not limited to: the Event name, themes, content, program,
speakers, moderators, rules, formats, exclusions, processes,
policies, procedures, guidelines, algorithms and dates, deadlines
Limitations on Use. By registering, you agree not to share,
transfer, sell or trade your ticket or other applicable login
credentials other than explicitly permitted by us in writing on
our Website or otherwise. If you violate this policy, in addition
to our other remedies available under applicable law, we may
cancel your attendance and retain any payments.
Photography, Recording, and Videotaping. You may not record
audio or video of the Event, except that you may take photographs
for purposes of company media pieces, marketing materials, etc.
Denial of Access and Admission. We reserve the right to
deny access and admission to the Event to any person for any
reason or no reason at all.
Payment. Applicable fees are due upon registration. If
payment is insufficient or declined for any reason, we may refuse
to admit you or provide you access to the Event and we shall have
no resulting liability.
Taxes. Applicable 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 registered,
your fees will not be adjusted downward based on any sponsorship,
discount or for any other reason.
Discount and Special Rates. There are no special rates for
daily attendance or limited scope attendance, etc; only full event
tickets are available. [If you register using a special rate that
is not applicable to you, you hereby give us the right to charge
your card for the difference upon notice that we do not agree with
your selection of a special rate.] All determinations of special
rates are in our sole discretion. Even if you meet the published
or other definition and requirements of a special rate, we reserve
the right to not provide you with any special rate.
Discount Codes. We may refuse in our sole discretion to
honor any discount codes, including at the time of registration.
Discount codes may not be used with certain promotions.
We are committed to protecting the privacy of our Attendees. Data
which is available
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 us or the Event sponsors or speakers, if
any. You may not use or reproduce or allow anyone to use or
reproduce any trademarks (including without limitation "Shoptalk"
and “Shoptalk Meetup”) 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 our prior
written permission, other than to promote your attendance and
presence at the Event in the ordinary course.
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 us; nor does this Agreement grant to you any
right or license to any of our intellectual property rights, all
of which shall at all times remain our exclusive property.
Disclaimer of Warranties, Limitation of Liability
We give no warranties in respect of any aspect of the Event or any
materials related thereto or offered as part of the Event and, to
the fullest extent possible under the laws governing this
Agreement, disclaim 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. We do not accept any responsibility or
liability for reliance by you or any person or entity on any
aspect of the Event or any information provided during the Event.
EXCEPT AS REQUIRED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY
THIRD PARTIES 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.
Our maximum aggregate liability 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 fees paid by you to attend the
Our failure to exercise any right shall not be deemed a waiver of
any further rights. We shall not be liable for any failure to
perform our obligations where such failure results from any cause
beyond our 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. We may sub-license, transfer, sell or assign this
Agreement and/or any of our purported obligations hereunder at any
time to any person or entity, with or without notice. This
Agreement is not assignable, transferable or sublicensable by you
except with our prior written consent.
This Agreement shall be governed by the 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 all
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 us in any respect