Terms & Conditions of Event Attendance and Participation
This document sets forth the terms and conditions (“Agreement”) between NeoSystems LLC, together with its affiliates (“NeoSystems” or “Company”) and you when you register, attend, or participate in any event or conference organized by NeoSystems (each an “Event”). This Agreement shall apply to all Event participants, including applicants, registrants, participants, speakers, sponsors, moderators and exhibitors, vendors, employees, and other guests (“you” or “Participant”). By registering for the Event you are agreeing to comply with the terms of this Agreement, which form a legal contract between you and NeoSystems. You should read this document carefully. Should a Participant not wish to accept the terms of this Agreement, Participant should not register for or attend the Event. If you are registering on behalf of another, it is your responsibility to ensure that the Participant is aware of these terms and accepts them, and by completing the registration, you are warranting that you have made the Participant aware of these terms and that they have accepted these terms as a condition of registering for or attending the Event.
Event Admission
Participant’s registration for the Event makes Participant eligible for admittance to the Event subject to the terms and conditions contained herein. Any and all costs associated with attendance (including without limitation any travel and/or accommodation expenses) shall be borne solely by Participant, and NeoSystems shall have no liability for such costs. Participant acknowledges and agrees that NeoSystems, in its sole discretion and at any time, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, Participants, venue, and time. Each Participant must have their own registration. Badges are not to be shared. Admission is restricted to persons 18 years and over. Persons under the age of 18 will not be permitted onsite. NeoSystems reserves the right to decline the registration of any applicant.
Data Privacy and Privacy Policy
NeoSystems is committed to data privacy and protecting your personal information. Information on how NeoSystems collects, processes, and uses your data is included in NeoSystems’s Privacy Policy, available at https://neosystemscorp.com/privacy-policy/, which is hereby incorporated into this Agreement. NeoSystems uses the personal data Participant provides during registration for the Event in order to administer Participant’s participation in the Event. By submitting your email address during the Event registration process, you agree that NeoSystems and its Event partners or sponsors may send you information regarding the content of the Event, Event logistics, payment, Event updates, and other information related to the Event in addition to information regarding other NeoSystems events, NeoSystems products, or other Company updates. A valid email address is required for all registrations, and Participant may choose to unsubscribe from such communications at any time.
NeoSystems may disclose your personal data to third party service providers engaged by NeoSystems to assist in the administration of the Event. In the event Participant is located in the European Union, an international transfer of data may take place. Information you provide when registering for or participating in an event managed or co-sponsored by parties other than or in addition to NeoSystems may be shared with those parties, and the treatment of such information is further subject to the privacy policies of those parties. Except as described herein, NeoSystems will not disclose your personal data to any other third party without your consent except where required to do so by law. You have the right to access, rectify, delete and oppose access to your personal data. You may exercise this right by contacting us at privacy@neosystemscorp.com.
Intellectual Property
All intellectual property rights in and to the Event, the Event content and all materials distributed at, relating to, forming a part of, or in connection with the Event (collectively, the “Content”) are owned by NeoSystems and/or its third party Content providers. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including without limitation the Event brand or other trade names appearing at the Event) or any Event Content for any reason without the prior written permission of NeoSystems. For the avoidance of doubt, nothing in this Agreement (i) 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 by NeoSystems or any of its affiliates or (ii) grant to you any right or license to any other intellectual property rights of NeoSystems or its affiliates, all of which shall at all times remain the exclusive property of NeoSystems and its respective affiliates.
Participant acknowledges that (i) all presentations, speaker nominations, presenter nominations, guest passes, gifts/giveaways, and other matters pertaining to the Event shall be within the sole judgment, discretion and control of Company; (ii) Participant shall have no right in or to the Event or any revenue or commercial benefit derived by Company or its agents therefrom; (iii) Participant shall have no right in or to, and no interest in, any logo, trade name, trademark, service mark, copyright or other intellectual property relating to Company or arising from the Event.
If Participant presents any materials at the Event or participates in any speaker series at the Event, Participant will ensure that all materials, presentations, copyrights, logos, trademarks, signage etc. (“Materials”) proposed by Participant for presentation or distribution are accurate, correct and complete and do not contain any information which may cause offense to any person or which is defamatory to any person, and complies with applicable laws and the Event Code of Conduct described herein. Participant warrants that the Materials do not infringe the intellectual property rights of any third party, that Participant is the owner or duly authorized licensee of the Materials, and that Company’s use of the Materials will not infringe, misappropriate, or otherwise violate the rights of any third party. Participant hereby grants to Company a worldwide, non-exclusive, royalty free perpetual license to use the Materials in connection with the Event or for other advertising or marketing purposes. While Company will take all reasonable care in relation to the production of Material and information incorporating the Material, Company will not in any event be responsible to Participant for any omissions, misquotations or other errors which may occur. Company reserves the right to refuse to use any Material in relation to the Event and may remove or delete such Material at its discretion without any liability to Participant.
Warranties and Limitation of Liability
NEOSYSTEMS PROVIDES NO WARRANTIES IN RESPECT OF ANY ASPECT OF THE EVENT OR ANY CONTENT, 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. YOU AGREE THAT YOUR ACCESS TO ANY EVENT AND YOUR USE OF ANY OF THE CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY AND ACKNOWLEDGE THAT ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. The Content is made available for your general information and any advice, opinion, statement or other information forming part of the Content is not intended for trading or to address your particular requirements. The Content does not constitute any form of advice, recommendation or arrangement by NeoSystems and is not intended to be relied upon by users in making (or refraining from making) any specific business or other decisions. Appropriate independent advice should be obtained before making any such decision. Other than to the extent required as a matter of law, neither NeoSystems nor its affiliates shall be liable for any direct, indirect, special, punitive, 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 NeoSystems for any claim related to or arising out of the Event or this Agreement, whether in contract, tort or otherwise (including any negligent act or omission) shall be limited to the amounts paid (if any) by Participant to NeoSystems under this Agreement to attend the Event.
Event Changes and Cancellation
Participant acknowledges and agrees that NeoSystems may, in its sole and unfettered discretion and at any time, without liability to Participant, (i) change any and all aspects of the Event, including but not limited to (a) the Event name, themes, content, program, speakers, performers, hosts, moderators, conference sessions, exhibits or exhibitors; (b) the layout of the Event, the venue and/or location of the Event, and the date and time of the Event; and (ii) cancel the Event, in whole or in part, in its sole and absolute discretion.
Code of Conduct
NeoSystems is committed to hosting the Event in a safe, productive and welcoming environment. During the Event and at other subevents related to the Event, Participant agrees to abide by the NeoSystems Code of Conduct (the “Code of Conduct”), as follows:
- NeoSystems reserves the right, in its sole discretion, to deny admission to anyone for any reason.
- NeoSystems welcomes opportunities for Participants to offer, observe, and discuss differing opinions. However, Participants must comply with requests from staff or security and avoid any disruptive behavior that may interfere with others participating, listening, or speaking at an Event.
- Signs, banners, posters, flags, paint, liquids, and any similar items that could distract from the Event or be used as weapons are strictly prohibited. The distribution of any promotional items such as flyers, handbills, or printed materials is only allowed at the discretion and with the explicit permission of NeoSystems.
- Intimidation, harassment, abuse, discriminatory, derogatory, or demeaning speech, materials, or conduct by any Participants of the Event and related event activities is strictly prohibited.
- Any violence, threats of violence, or violent language directed against another Participant is strictly prohibited.
- Sexual language and imagery and any lewd or offensive conduct or behavior is prohibited.
- For the safety of all Participants, all persons, bags, and other containers may be subject to search.
Participants may also be screened by metal detectors or other screening devices and security portals at the Event. NeoSystems may provide space for personal items that may require storage during the Event; please note that space for storing personal items is not guaranteed and NeoSystems is not responsible for items that are lost, misplaced, or left behind.
Violations of the Code of Conduct by any Participants will not be tolerated, and the NeoSystems and its affiliates may, at its sole discretion, take any action it deems appropriate in response to conduct it deems in its sole discretion to be a violation of the Code of Conduct, including warning or expelling any offender without notice. Participant further acknowledges and agrees that NeoSystems reserves the right to remove Participant from the Event if NeoSystems, in its sole discretion, considers Participant’s presence and/or behavior to create a disruption or to hinder the Event and/or the enjoyment of the Event by other Participants.
Liability Waiver and Release, Assumption of Risk, and Indemnity Agreement
Waiver and Release: In consideration of being permitted to participate in any way at the Event, I, Participant, for myself, my heirs, estates, personal representatives or assigns, do hereby release, waive, discharge, indemnify, hold harmless, and covenant not to sue NeoSystems and each of its parents, subsidiaries, affiliates, owners, shareholders, directors, partners, manufacturers, agents, lessors or any of the foregoing’s officers, employees, directors and agents (each a “Released Party” and collectively the “Released Parties”) from any and all present and future liabilities, obligations, damages, losses, demands, cost or expenses (collectively, “Claims”) for personal injury, property damages, or death, including the negligence, negligent supervision, and negligent instruction of Released Parties, whether resulting in personal injury, accidents or illnesses (including death), and property loss (including of any third party) or other loss arising from, but not limited to, my participation in or at the Event. I agree to waive the protection afforded by any statute or law in any jurisdiction including California Code 1542 whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which I do not know of or suspect at the time of executing the release. This means, in part, that I may be releasing unknown future claims. I AM AWARE OF AND UNDERSTAND THE FOLLOWING SECTIONS OF THE CALIFORNIA CIVIL CODE, AND SPECIFICALLY WAIVE SAID PROVISIONS (AND ANY SIMILAR PROVISIONS IN OTHER STATE LAWS):
CALIFORNIA CIVIL CODE SECTION 1542. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
CALIFORNIA CIVIL CODE SECTION 1714. EVERYONE IS RESPONSIBLE, NOT ONLY FOR THE RESULT OF HIS OR HER WILLFUL ACTS, BUT ALSO FOR AN INJURY OCCASIONED TO ANOTHER BY HIS OR HER WANT OF ORDINARY CARE OR SKILL IN THE MANAGEMENT OF HIS OR HER PROPERTY OR PERSON, EXCEPT SO FAR AS THE LATTER HAS, WILLFULLY OR BY WANT OF ORDINARY CARE, BROUGHT THE INJURY UPON HIMSELF OR HERSELF.
Assumption of Risks: Participation in the Event may carry with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary but may include injury risks which range from 1) minor injuries such as cuts, scratches, bruises, sprains, falls and broken bones, injuries to hands, wrists, arms, legs, knees, ankles, back, head and neck, 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions, and 3) catastrophic injuries, including paralysis and death. I AGREE TO ASSUME ALL RISKS THAT ARISE OUT OF THE USE OF THE EQUIPMENT OR FACILITIES AT THE EVENT, THE ACTIVITY ITSELF, THE ACTS OF OTHERS, OR THE UNAVAILABILITY OF EMERGENCY CARE, including but not limited to, those RISK FACTORS described above. I have read the previous paragraphs and I know, understand, appreciate, voluntarily and freely accept and assume these and other risks both known and unknown that are inherent in and at the Event. I hereby assert that my participation is completely voluntary and that I knowingly assume all risks which are in any way connected with my participation in any activity at or in the Event.
Indemnification and Hold Harmless: I agree to INDEMNIFY AND HOLD the RELEASED PARTIES HARMLESS from any and all liability, demands, claims, actions, suits, judgments, settlements, interest, awards, penalties, fines, procedures, damages, or costs or expenses of any kind, and to reimburse the Released Parties for any such costs and expenses incurred, including attorney’s fees and costs brought, including by any third party, arising out of (i) of my participation in the Event and use of any equipment, facilities, food or alcohol in or at the Event and/or my presence on the property; (ii) any act or omission, or the negligence or willful misconduct of, Participant or its officers, agents, employees, contractors, or other representatives; or (iii) any breach of any representation, warranty, covenant, or obligation of Participant under this Agreement.
Personal Property: Participant understands that any of Participant’s personal property present at the Event is there at Participant’s own expense and risk. NeoSystems does not take any responsibility for the security or insurance of Participant’s property. Participant shall be liable for and must take out adequate insurance against any and all loss or damage of any nature, caused by Participant’s acts or omissions or otherwise.
Use of Photographs and Videos
In general audio, image, and video recording is permitted at the event. To comply with global data privacy laws, NeoSystems may impose certain restrictions on the use of multimedia at its events (e.g. photography, video, audio, online streaming, and all future mediums). Participant is permitted to use hand-held cameras and/or smart phones to take photographs and capture digital images for personal, non-commercial use, provided the photography is not disruptive. Photographs may not be published, sold, reproduced, transmitted, distributed or otherwise commercially exploited in any manner whatsoever.
During the Event, the NeoSystems and its Event partners may take photos and video recordings. By attending the Event Participant acknowledges and agrees to grant NeoSystems and its Event partners the right to record, film, photograph or capture Participant’s personally identifiable information, including your name, image, likeness, movements, and voice, in any media now available and hereafter developed and to distribute, broadcast, exploit, use or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to Participant. This grant to NeoSystems and its Event partners includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use and/or disseminate the media.
NeoSystems may hire professional service providers to document and display the event experience in film, photography, audio recordings and other mediums. NeoSystems may also use social media (e.g. Instagram, Twitter, LinkedIn) to: (i) post real-time photos and videos to its social media feeds; and (ii) display select submissions from those feeds on monitors throughout the event venue. Participants and sponsors are encouraged to capture their event experiences and post their own social content from the event (text, photos, audio, video, streaming), provided it does not infringe upon the rights of any Participant, sponsor, third party, or NeoSystems. Such infringement would include, but is not limited to, defamation or infringement of intellectual property rights. In the event a Participant requires a release or permission to protect the rights of a third party, obtaining such a release or permission shall be the sole responsibility of the Participant.
By attending the event, you acknowledge and agree as follows: (a) NeoSystems and its Event partners may edit and use footage it captures at the event for marketing and promotional activities and for any other lawful purpose in the ordinary course of business; (b) due to the prevalence of mobile recording devices in today’s world, NeoSystems and its Event partners disclaim all liability for the capture of your image in any multimedia format by other Participants at the Event; and (c) you hereby release NeoSystems, its affiliates, employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publications and use of interviews, photographs, images, videos, and/or sound recordings.
Miscellaneous
This Agreement, and any claim brought by either party arising from or related to this Agreement, shall be governed exclusively by the internal laws of the Commonwealth of Virginia, without reference to such State’s principles of conflicts of law, the 1980 United Nations Conventions on Contracts for the International Sale of Goods, or other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Fairfax County, Virginia. NeoSystems reserves the right to unilaterally change, amend, or add or remove any of the terms of this Agreement in its sole discretion and without prior notice. If any term or provision of this Agreement is declared invalid, illegal or unenforceable, all remaining provisions will continue in full force and effect. This Agreement constitutes the entire agreement between Participant and NeoSystems regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between Participant and NeoSystems, whether written or verbal, regarding the subject matter of this Agreement. The parties shall not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement). The undersigned further expressly agrees that the section titled Liability Waiver and Release, Assumption of Risk, and Indemnity Agreement contained herein is intended to be as broad and inclusive as is permitted by applicable law, and if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding:
I have had sufficient opportunity to read this Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the Agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree to be bound by it.
