Social Media Marketing World: Terms of Service
These are the terms (the “Agreement”) governing your attendance at and participation in Social Media Marketing World (“SMMW”), hosted by Social Media Examiner. By registering for SMMW, you agree to these terms, which form a binding legal contract between Social Media Examiner (“SME”) and the registered attendee or participant (“you”). If you are registering on behalf of another individual, it is your responsibility to ensure the person attending is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the attendee or participant aware of these terms and that they have accepted these terms.
Section 1: Attendee Requirements
1.1 Admittance. Your registration entitles you to admittance to SMMW. Your level of access is dependent on the type of ticket you purchase. Any and all other costs associated with your attendance shall be borne solely by you, and SME shall have no liability for such costs.
1.2 Use of Likeness. By attending SMMW, you expressly grant consent to SME, along with its successors and assigns, the right to record, film, photograph, or capture your likeness in any media now available or 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 SME 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 or disseminate the media.
You hereby release, discharge, and agree to hold SME and its affiliates harmless from, and agree not to sue for, any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, unfair competition, false or misleading advertising, violation of a right to publicity or personality, or any other claim or cause of action, based upon or relating to the use of your likeness or the exercise of any of the rights referred to herein. You agree to indemnify and hold harmless SME and its affiliates from and against any liabilities, losses, claims, demands, costs (including, without limitation, attorneys’ fees) and expenses arising in connection with any breach or alleged breach of any of the above representations, warranties or agreement hereunder.
1.3 SMMW Content. You acknowledge and agree that SME, at its sole discretion, reserves the right to change any and all aspects of SMMW, including but not limited to, the themes, content, program, speakers, performers, hosts, moderators, venue, and time.
1.4 SMMW Conduct. You agree to abide by our conduct policy, which is available for review here.
Section 2: Prohibited Conduct
2.1 Limitations on Use. Tickets to SMMW are not transferable without express permission from SME. Please review section 3.2 for further information on transfers.
2.2 Disruptive Conduct. You acknowledge and agree that SME reserves the right to remove you from SMMW if SME, in its sole discretion, determines that your presence or behavior is creating a disruption or hindering SMMW or the enjoyment of SMMW by other attendees. More information on our conduct policy can be found here.
2.3 Video and Live Video. Recording or broadcasting any SMMW sessions, keynotes, or workshops is prohibited. SME does, however, encourage live video outside of any sessions, keynotes, or workshops, as long as you use your personal mobile data plan and do not disrupt traffic flow. Use of the conference Wi-Fi for live video is prohibited.
You are, however, prohibited from using the conference space to create video or live video that would violate the prohibition on promotional activities, which is defined below.
SME reserves the right to stop any live video production for any reason, in its sole discretion.
2.4 Promotional Activities. SMMW offers opportunities to third-party vendors to register as sponsors/exhibitors. In order to protect SMMW sponsors/exhibitors and to offer the best possible experience for SMMW attendees, SMMW limits solicitation and promotional activities by its attendees. SMMW understands that networking and marketing are natural occurrences at any event, but certain activities are prohibited.
You may not solicit business from other attendees during SMMW, including but not limited to: distributing marketing materials; hosting demonstrations of any product or service (either scheduled or unscheduled) for more than one person; setting up marketing materials, such as signage, which includes wearing signs or holding signs; distributing samples; sitting at tables for the express purpose of marketing to conference attendees; offering specials to those attending SMMW; disrupting the traffic flow of other SMMW attendees in an attempt to market goods or services. You may not coordinate on-location gatherings that involve distribution of samples, raffles, or other incentives.
If you violate this provision, SME reserves the right, in its sole discretion, to remove your badge and ban your re-entry to SMMW, with no refund due to you.
In some limited exceptions, SME may grant approval for certain marketing activities. You must have written approval available for inspection by a member of the SME staff at all times while engaging in a pre-approved promotional activity.
2.5 Virtual Content. Dependent upon the type of ticket you purchase for SMMW, you may receive access to SMMW content virtually. This content may only be accessed by the registered ticket holder. You are prohibited from sharing your login credentials with any third parties. You are also prohibited from rebroadcasting any content made available virtually. All intellectual property rights stated herein apply to virtual or live SMMW content.
2.6 In addition to the requirements and prohibitions set forth in this Section 2, SME may also exclude any prospective attendee from registering for or attending SMMW, in SME’s sole discretion. Furthermore, SME reserves the right to cancel, in its sole discretion, any attendee’s registration upon refund of the admission fees paid to SME; provided, however, that if an attendee is cancelled for violating any prohibition or requirement set forth in these terms, SME may retain all fees paid.
Section 3: Fees and Refunds
3.1 Payment. The payment of any remaining balances for SMMW are due before granting access to SMMW or its content. If such payment is insufficient or declined for any reason, SME may refuse to admit you to SMMW and shall have no liability in that regard.
3.2 Refunds/Transfers. Please be aware of the following cancellation policy: If you cancel before October 31, 2018, you will receive a full refund. If you cancel between November 1, 2018 and December 15, 2018, you will be refunded 50% of your registration fee. If you cancel after December 15, 2018, you are not eligible for a refund but may send someone in your place. You may resell your ticket. To request a refund or fully grant your access to the event to another person, email email@example.com. Only requests made by the original purchaser/registrant will be honored.
At SMMW, you may interact with exhibitors/sponsors who may scan your badge for your contact information with your approval. Each vendor will obtain your consent prior to adding your information to a marketing list. This is an opt in process by the attendee.
Section 5: Intellectual Property
5.1 All intellectual property rights in and to SMMW, SMMW content, and all materials distributed at or in connection with SMMW are owned by SME or the speakers who are presenting at SMMW. You may not use or reproduce, or allow anyone to use or reproduce, any trademarks or other trade names or copyrighted material appearing at SMMW, in any SMMW content, or in any materials distributed at or in connection with SMMW for any reason without the prior written permission of SME and the appropriate speakers presenting at SMMW.
While all intellectual property rights remain with the content creator, you may share content from the conference, including photos, videos of less than 60 seconds, or quotes from sessions, on your digital channels. You may not use these to commercially act in contravention of the content creator’s intellectual property rights to the material.
5.2 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 license by SME or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of SME or its affiliates, all of which shall at all times remain the exclusive property of SME and its affiliates.
5.3 All content made available through SMMW is developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.
Section 6: Disclaimer of Warranties, Limitation of Liability, Assumption of Risk, Indemnity
6.1 SME gives no warranties in respect of any aspect of SMMW or any materials related thereto or offered at SMMW 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. All SMMW content is provided on an “as-is” basis. SME makes no representations or warranties in relation to the information provided in the content. Neither SME nor its affiliates accept any responsibility or liability for reliance by you or any person on any aspect of SMMW or any information provided at SMMW.
6.2 Except as required by law, neither SME nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from SMMW or other aspect related thereto or in connection with this Agreement. SME assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided through SMMW.
6.3 The maximum aggregate liability of SME for any claim in any way connected with, or arising from, SMMW 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 SME under this Agreement.
6.4 All of the information provided at SMMW is for informational use only. Purchase of a ticket or attendance at SMMW does not form any professional relationship between you and SME. Although members of SME and speakers at SMMW may be licensed professionals, neither SME nor its speakers provide any type of professional services unless they are directly engaged for such a relationship.
6.5 You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate in SMMW. For example, you should ensure that you are in good physical health before engaging in any physical activity at SMMW, and you should always drink responsibly if alcohol will be present at SMMW. In sum, you understand that your attendance and participation at SMMW is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.
6.6 You agree to indemnify and hold SME, its parents, subsidiaries, affiliates, officers, directors, employees, volunteers, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at SMMW.
Section 7: Miscellaneous
SME’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. SME shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SME’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 so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with SME’s prior written consent. 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. 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 SME in any respect whatsoever.