Effective: March 24, 2023
These terms and conditions (these “Terms”) govern your registration for and participation at any Imply event (the “Event”) and are an agreement between Imply Data, Inc. (“Imply”) and you. You represent to Imply that you are authorized to enter into these Terms.
You may only register for and attend the Event in accordance with these Terms. To register for the Event, you must complete the Event registration process and pay any registration fee. Unless the Event’s registration webpage specifies otherwise or Imply expressly informs you otherwise, you must be at least 18 years of age on the first day of the Event. Event registration is subject to availability and may close earlier than the posted deadline, as determined in Imply’s sole discretion. Imply may also change the Event program at any time in Imply’s sole discretion.
2. Safety and Security.
Your safety and security are important to Imply. You understand that you and your property may be subject to a reasonable search upon entry to the Event. If you refuse to participate in these security measures, Imply may deny you entry. Imply also reserves the right to ask you to leave the Event if your behavior causes Imply concern for the safety or security of Event attendees. If Imply denies you entry or requires you to leave, you will not receive a refund.
3. Your Information.
3.1 Generally. Imply handles your information in accordance with the privacy notice located at https://imply.io/privacy (and any successor or related site designated by Imply), as may be updated from time to time (“Imply Privacy Notice”).
3.2 Sharing with Event Sponsors. Imply may provide your contact information to a third-party sponsor of the Event (“Event Sponsor” or “Event Sponsors”) if (a) you elect to attend any sessions or other activities at the Event involving Event Sponsors (in which case Imply would provide your contact information only to the Event Sponsor involved in such session or other activity,) or (b) you opt in during registration or otherwise to receive communications from Imply’s Event Sponsors.
3.3 Voice and Image. By participating in the Event experiences, you agree that Imply may derive information from recordings of your voice and images of your face and retain and use all resulting information, in each case in accordance with the Imply Privacy Notice.
4. Recordings and Your Materials.
You grant Imply, its affiliates, and its independent contractors the right to record, film, photograph, and capture your voice and image in any media at the Event (the “Recordings”). You grant to Imply and its affiliates, agents, employees, and assigns an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, distribute, and translate, for any purpose relating to Imply’s business, all or any part of the Recordings and all materials submitted (including, for example, your name and biographical information) or presented by you (“Your Materials”). Imply may edit the Recordings and Your Materials, use them alone or together with other information, and allow others to use and disseminate them. To the maximum extent permitted by law, you waive any moral rights you may have in the Recordings and Your Materials. You represent and warrant that (a) Your Materials are true and accurate to the best of your knowledge, (b) you have the necessary rights and permissions to grant the license in this Section 4,and (c) Your Materials do not violate or infringe any copyright, trademark, or other proprietary rights of any person or entity.
Each party will be responsible for paying all applicable taxes and other governmental fees, charges, penalties, interest, and additions to such taxes that are imposed on that party upon or with respect to the transactions and payments under these Terms. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT, excise taxes, sales and transaction taxes, and gross receipts taxes (“Indirect Taxes”). Imply may collect Indirect Taxes from you unless you furnish Imply with a properly completed exemption certificate or a direct payment permit certificate for which Imply may claim an available exemption from Indirect Tax.
6.1 By You. If registration fees or other fees are required for the Event, cancellation instructions and the Event’s refund policy will be listed on the Event’s registration webpage.
6.2 By Imply. Imply may cancel the Event at any time for reasons including, for example, availability or suitability of venue or speakers or on security, health, or safety grounds, and Imply may deny, limit, or cancel your Event registration at any time. Imply is not responsible for any damages, direct or indirect, resulting from such cancellation. If Imply cancels the Event or your registration and you are in compliance with these Terms, Imply will issue you a refund of your Event registration fee in accordance with the refund policy on the Event’s registration webpage.
6.3 Effect of Cancellation. If you or Imply cancel your registration for the Event or Imply cancels the Event, Section 3, Section 4, Section 5, Section 6.3, Section 7.2, Section 8, Section 9, Section 10, Section 11, and Section 12 will remain in full force and effect.
7. Event Conduct.
7.1 Imply expects that you will (i) be considerate and respectful to all Event attendees; (ii) refrain from demeaning, discriminatory, or harassing behavior, materials, and speech; and (iii) speak up if you observe anything at the Event that conflicts with this section. If you are being harassed or feel uncomfortable, notice that someone else is being harassed, or have any other concerns, please contact a member of the Imply Event staff immediately.
7.2 Unacceptable behavior from any Event attendee will not be tolerated. Unacceptable behavior includes, but is not limited to intimidating, harassing, abusive, discriminatory, derogatory, or demeaning speech, materials, or conduct (including violence, threats of violence or violent language). Anyone asked to stop unacceptable behavior is expected to comply immediately. If an Event attendee engages in unacceptable behavior, Imply may take any action it deems appropriate, including warning or expelling the attendee from the Event with no refund.
8. Rights to Submissions.
Depending on the type of event, attendees may participate in events to create original solutions, prototypes, datasets, scripts, or other content, materials, discoveries or inventions (each a “Submission”). Attendees retain ownership of all intellectual and industrial property rights (including moral rights) in and to Submissions. Attendee represents and warrants that the Submission is and will be attendee’s own original work and does not and will not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights, trademarks or trade dress. Attendee hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against Imply, or any other person, on the grounds that any use of attendee’s Submission infringes any third party’s rights as creator of the Submission, including, without limitation, trademark rights, copyrights and moral rights or “droit moral.” As a condition of Submission, attendee hereby grants Imply, its affiliates and subsidiaries,agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Submission.
9. Assumption of Risk.
You acknowledge and agree that your attendance and participation in the Event is voluntary, and you understand the nature of the Event. To the maximum extent permitted by law, you agree that you solely assume the risks associated with attending and participating in the Event.
10. Release of Claims.
To the maximum extent permitted by law, you (for yourself, your heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby release Imply, Event Sponsors and Imply’s affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future associated in any way with the Event, the Recordings, or Your Materials.
11. Limitations of Liability.
IMPLY AND ITS AFFILIATES AND LICENSORS AND EVENT SPONSORS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (B) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL. IN ANY CASE, IMPLY AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED USD $100. THE LIMITATIONS IN THIS SECTION 10 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12.1 Waiver. The failure by Imply to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit Imply’s right to enforce such provision at a later time. All waivers by Imply must be in writing to be effective.
12.2 Severability. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.
12.3 Force Majeure. Imply and its affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond Imply’s reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
12.4 Assignment; No Third-Party Beneficiaries. You will not assign or otherwise transfer these Terms or any of your rights and obligations under these Terms, without Imply’s prior written consent. Any assignment or transfer in violation of this section will be void. Imply may assign these Terms without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of Imply’s assets or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Imply as a party to these Terms, and Imply is fully released from all of its obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
12.5 Governing Law. The laws of the State of California, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply to these Terms.
12.6 Dispute. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY TO THE MAXIMUM EXTENT PERMITTED BY LAW ASSERT CLAIMS IN SMALL CLAIMS COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS OF THESE TERMS AS A COURT WOULD.
12.7 Modifications to these Terms. Imply may modify these Terms at any time by posting a revised version on the Imply site. The modified terms will become effective upon posting. By attending the Event after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Imply site regularly for modifications to these Terms. Imply last modified these Terms on the date listed at the beginning of these Terms.
12.8 Entire Agreement; English Language. These Terms are the entire agreement between you and Imply regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and Imply, whether written or verbal, regarding the subject matter of these Terms. Imply will 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 these Terms (whether or not it would materially alter these Terms). If Imply provides a translation of the English version of these Terms, the English version of these Terms will control if there is any conflict.