Terms and Conditions of Attendance and Participation at TMC Connect 2015
These terms and conditions (the “Agreement”) constitute a binding agreement between the registered person (“you”) and Tesla Motors Club LLC (“TMC”) with respect to your participation in, involvement in and/or attendance at ¨TMC Connect 2015¨, “TMC Connect”, a TMC Connect event or a Tesla Motors Club event (all of which are referred to herein as ¨the Event”). This Agreement applies, but is not limited, to all persons who register for the Event, whether as an attendee, volunteer, sponsor, exhibitor, speaker and/or any other participant.
By registering for the Event you are agreeing to these terms and conditions, which form a legally binding agreement between you and TMC. If you are registering on behalf of another it is your responsibility to ensure that the person attending/participating is aware of these terms and conditions, and accepts them, and by completing the registration you are affirming that you have made the attendee/participant aware of these terms and conditions, and that they have accepted these terms and conditions, and you shall be liable from any noncompliance by them herewith.
1. Event admission
1.1. Access. Your completed registration provides you access to the Event. You are solely responsible to cover any and all other expenses related to your attendance or participation (including but not limited to, any accommodation and/or travel expenses) and TMC shall have no liability for such expenses.
1.2. Refusal/Removal. You acknowledge and agree that TMC reserves the right to refuse your registration for and/or your participation in, or request your removal from, the Event if TMC, in its sole discretion, considers your behavior and/or presence to create a disruption or to hinder the Event and/or the enjoyment of the Event by other attendees, participants or speakers. If TMC removes you from the Event for the above reason/s, and you are already registered for the Event, your removal will be treated in the same way as cancellations are treated, and you will be subject to the terms of the cancellation policy in section 3.1 of the Agreement.
1.3. Media. By attending or participating in the Event you acknowledge and agree to grant TMC the right at the Event to film, record, capture or photograph your likeness in any media now available and hereafter developed and to distribute, broadcast, use or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to TMC 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.
1.4. Event Content. You acknowledge and agree that TMC, in its sole discretion, reserves the right to change, at anytime, any and all aspects of the Event including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue and time.
2.1. Payment. The payment of the applicable fee(s) for the Event is due upon registration. If such payment is insufficient or declined for any reason TMC may refuse to admit you to the Event and shall have no liability in that regard.
2.2. Taxes. The fee(s) may be subject sales tax, value added tax, or any other taxes and duties which, if applicable, will be charged to you in addition to the fee(s).
3. Cancellation policy
3.1. Unless otherwise expressly agreed to in writing, all persons including you, are subject to the following cancellation policy: After registering for the Event, if you cancel your attendance and/or participation more than 2 weeks prior to the date of the Event, you will receive an 80% refund of the amount of your payment. If you cancel within 2 weeks of the date of the Event, you will not be eligible for a refund.
4. Warranties and limitation of liability
4.1. TMC 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. Neither TMC nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspect of the Event and/or any information provided at the Event.
4.2. Other than to the extent required as a matter of law: (i) neither TMC nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising either directly or indirectly from the Event or any other aspect related thereto or in connection with this Agreement.
4.3. Without prejudice to, and without in any way limiting or restricting any of the provisions of clause 4.1, 4.2, or 4.4, and notwithstanding anything to the contrary expressed or implied, the maximum aggregate liability of TMC for any claim in any way connected with or arising out of the Event or pursuant to this Agreement, whether in contract, tort or otherwise (including any negligent act or omission) shall be limited to the amount paid by you to TMC under this Agreement to attend the Event.
4.4. TMC shall not be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising either directly or indirectly from or caused by any sponsors, and/or presentations and/or exhibitors at the Event. TMC gives no warranties with respect to any sponsors and/or, presenters, and/or exhibitors or any materials related thereto or offered at the Event by any sponsors, and/or presenters, and/or exhibitors, and/or any activities of any sponsors, and/or presenters and/or exhibitors 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. Neither TMC nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspect of sponsors, and/or presentations and/or exhibitors at the Event, and/or any information provided at the Event by sponsors, and/or presenters and/or exhibitors.
6. Intellectual property
6.1. 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 TMC and/or the Event sponsors, presenters, exhibitors or speakers presenting at the Event. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including without limitation “TMC Connect” and “Tesla Motors Club”) or other trade names appearing at the Event, in any Event content and/or in any materials distributed at or in connection with the Event for any reason without the prior written permission of TMC.
6.2. 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 licence by TMC or any of its affiliates or grant to you any right or licence to any other intellectual property rights of TMC or its affiliates, all of which shall at all times remain the exclusive property of TMC and its affiliates.
7.1. The Event may provide attendees with access to a wired and/or wireless network. The access to this network is a privilege and not an entitlement, and must be used appropriately. Inappropriate use includes, but is not limited to: unlawful activities, interfering with the equipment or network access of others and not respecting the reasonable expectations of privacy that attendees have for traffic flowing through the network. Any deliberately malicious activities on either the wired or wireless networks will be grounds for instant dismissal from the conference (Without reimbursement). If any attendees use the network inappropriately, then TMC will take any enforcement action they consider appropriate. Enforcement action includes but is not limited to:
- suspending access to the network
- disconnecting the network permanently
- the alleged offender may be asked to immediately leave the venue and/or will be prohibited from continuing to attend the Event (without reimbursement)
- the incident may be reported to law enforcement
- any other measure TMC sees fit
7.2. You are hereby put on notice that for security and operational reasons, TMC may both monitor and log network traffic, and by your attendance and/or participation, you shall be deemed to have agreed hereto.
8. Audio Visual
8.1. Event organisers may provide recordings of talks (audio and/or video) given at the Event. This service is provided on a best-effort basis only. Any recordings will be released as and when they are ready, which may be some time after the conclusion of the Event, and the recordings may be of varying quality.
9. Governing law and jurisdiction
9.1.. This Agreement shall be governed by the laws of the State of California and the parties shall submit to the exclusive jurisdiction of the California courts.
10. Vending, promoting and Advertising
10.1. The distribution of promotional items, flyers, handbills or printed materials is not permitted without written permission of TMC. In addition, vending, peddling or products sampling is strictly prohibited unless you have received written permission from TMC.