These Avalanche House Participation Terms and Conditions (the “Terms”) set forth the terms and conditions of your participation as an event host, speaker, participant, guest or otherwise (“Participant” or “you”), at all or any portion of any Avalanche House location or related conference or event (each, an “Event” and collectively, “Avalanche House”), whether hosted or co-hosted by AVL Services LLC or a third party and their respective affiliates and service providers (collectively, “Organizer,” “we” or “our”), including without limitation the Avalanche House Formula E Brooklyn event on or around July 15-17, 2022.
Each Event is made available to you on an “as is” and “as available” basis without representation, warranty, guarantee or undertaking of any kind. By agreeing to host or co-host an Event, signing up for or attending (either in person or virtually) an Event, participating in any activities at or in connection with an Event, or accessing or using any content, materials, food or beverages presented or served at or in connection with an Event, you are deemed to consent to the Terms, including any changes made to them in the future.
Please read the Terms carefully, as they govern your attendance at and access to each Event and any related activities, content, materials, food or beverages. You may not attend any Event or access related activities, content, materials, food or beverages if you are present in or a resident or citizen of any jurisdiction where such access is prohibited, restricted or subject to requirements that conflict with the Terms. Please review the Important Notice, which is hereby incorporated herein by reference.
We hope that you will enjoy Avalanche House!
A. IMPORTANT! You agree to the following:
1. Avalanche House and related content are provided for informational purposes only. We may not update anything so the information may be out of date or incorrect when you access it. Speakers and sponsors have no responsibility to you, nor does the Organizer or the Avalanche Foundation.
2. You hereby grant to the Organizer a worldwide, royalty-free, non-exclusive, irrevocable and perpetual right, license, permission and consent, with a right to sublicense, to photograph, film and record your name, as well as the name, image and voice of any individuals associated with you who participate in an Event (collectively, “Appearances”), and to use and incorporate the Appearances in the materials that the Organizer may create in connection with the Event (“the Content”), for the purpose of conducting and promoting the Event, future events, the Avalanche Foundation and the Avalanche blockchain, in any and all forms and media now existing or hereafter created, including, but not limited to, by means of online and electronic media, print media, in retail establishments, at trade shows and by telecasting (including without limitation over-the-air, pay or cable television advertising). You agree that all Content, and all intellectual property and proprietary rights therein, excluding your Appearances, are and will remain the sole and exclusive property of the Organizer. You waive any right to inspect or approve any use of the Appearances and Content. You understand that the Organizer is under no obligation to use all or any part of the Appearances or Content.
3. If you are charged a fee, it is nonrefundable and the proceeds will be used in our sole discretion. You may pay a higher or lower fee than others, in our sole discretion.
4. Be respectful, helpful and kind. You agree not to: (i) steal any information or content; (ii) violate anyone’s intellectual property rights; (iii) engage in any form of harassing, offensive, discriminatory, or threatening speech or behavior; (iv) engage in disruptive speech or behavior or otherwise interfere with other individuals’ participation in an Event; (v) scam or defraud anyone. You agree to comply with (i) the instructions of the Organizer and its event staff and (ii) all applicable laws, including all health and safety requirements. This includes your attendance of Avalanche House and participation in any related activities or usage of any related content.
5. Nothing at Avalanche House or in the related materials is intended to be investment, financial, tax, legal, accounting or any other type of advice. DO NOT RELY ON ANY OF IT, including without limitation what the speakers or sponsors say, FOR ADVICE.
7. You are responsible for your use and access. This means that anything you do, or anything that happens, is not our responsibility.
8. Activities, content, materials, food and beverages provided by anyone at an Event, including without limitation in any physical location, on any website or anywhere else, is not our responsibility! You will have to abide by and be subject to the terms and conditions of any content, website or other format that you access in connection with your participation in any way in Avalanche House.
B. GENERAL TERMS AND CONDITIONS
Here are the general terms and conditions for attending Avalanche House or accessing related activities, content, materials food or beverages:
1. Your access to and use of Avalanche House and related activities, content, materials, food and beverages are governed by the Terms, which grant you a limited, revocable right to access and participate in Avalanche House.
2. You agree that you will not:
a. have any intellectual property, privacy or other rights or licenses to anything you say, do, hear, read or access during or as a result of an Event, so do not reveal anything you want to keep private or in which you want to retain any intellectual property, privacy or other rights, all of which you hereby waive;
b. attempt to circumvent any features we employ;
c. attempt to access any unauthorized areas or material;
d. introduce any viruses, worms, malware, trojan horses or other harmful or destructive content to any websites or send such things to us or to any speakers, sponsors or attendees;
e. access data through unauthorized means;
f. send automated or machine-generated queries or messages to us or anyone attending Avalanche House;
g. if posting anything about Avalanche House or related content, post anything that could be considered:
i. infringing on the intellectual property or other ownership rights of the Organizer or any other parties;
ii.constituting a violation of a person’s right of privacy or right of publicity;
iii. threatening, vulgar, abusive, defamatory, obscene or otherwise objectionable;
iv. unwanted commercial content, including but not limited to, spam and unsolicited messages whose purpose is to drive users to third party sites; and/or
v. prohibited by law;
h. copy, distribute, modify, or create derivative works of Avalanche House or related content without prior written consent of the Organizer;
i. collect, harvest, or otherwise obtain personal information of other users without their consent; and/or
j. encourage or induce any third parties to engage in any prohibited activities.
3. You also understand and agree that:
a. Attendance at Avalanche House and access to and use of related activities, content, materials, food and beverages is at your own risk, and its availability does not constitute our endorsement, sponsorship, recommendation or encouragement of that content or any ideas or beliefs. We also make no representation that the information or opinions discussed at or contained in Avalanche House or related content are accurate, reliable or complete. We assume no responsibility or liability for any activities, content, materials, food or beverages or to update any of it.
b. There are inherent risks in participating in Avalanche House. We cannot prevent your exposure to, or the increased possibility of contracting or spreading, COVID-19 at an Event because it is not possible to prevent the presence of COVID-19, which is an extremely contagious disease that can cause serious illness or death, and which, based upon the current state of the science, can be spread by asymptomatic people. YOU HEREBY ASSUME ALL RISKS OF EXPOSURE TO, CONTRACTING OR SPREADING COVID-19, EVEN IF ARISING FROM THE NEGLIGENCE OF OTHERS AND ASSUME FULL RESPONSIBILITY FOR YOUR VOLUNTARY PARTICIPATION IN ANY EVENT.
c. We do not guarantee your attendance at Avalanche House or access to any particular portion thereof or to any related content. Access is permitted on a discretionary basis. We may suspend, withdraw, discontinue or change all or any part of Avalanche House or related content in our sole discretion at any time. We will not be liable to you if for any reason Avalanche House or related activities, content, materials, food or beverages are unavailable at any time or for any period.
d. Avalanche House may advertise, offer, and make available information, products or services provided by third parties. NONE OF THE ORGANIZER REPRESENTATIVES (I) WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY AT OR THROUGH AVALANCHE HOUSE OR (II) WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
e. Avalanche House and related content, food and beverages are provided "as is" and “as available” without representation, guarantee, undertaking or warranty of any kind, either express or implied, including, but not limited to, safety or the implied terms of satisfactory quality, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty or condition that: (i) Avalanche House or related content will meet your requirements; (ii) Avalanche House or related content will be uninterrupted, timely, secure, free or viruses or error-free; (iii) the results that may be obtained from their use will be effective, accurate or reliable; and (iv) the quality of any activities, content, materials, food or beverages purchased by or otherwise provided to you from Avalanche House, related content or any speaker or sponsor will meet your expectations.
f. To the extent permitted by law, the Organizer Representatives will not be liable for any losses or damage, whether direct or indirect (including, without limitation direct or indirect loss of profits), consequential, special, punitive or incidental, that may result from attendance at or use of Avalanche House or related content, food or beverages, howsoever arising, even if the Organizer Representatives were aware of the possibility of such loss or damage. In no event will the liability of the Organizer Representatives to you for anything arising from or in connection with these Terms or Avalanche House be greater than US$5.00. If you have breached or violated the Terms, the Organizer Representatives will not be liable under any circumstances to you or any third party.
g. You agree that it is your sole responsibility to maintain such health, liability, hazard, personal injury and other insurance policies as you deem reasonably necessary for any injuries that you may incur during or in connection with (including without limitation any travel to or from) Avalanche House. You authorize and consent to emergency medical care and transportation to obtain treatment in case of injury, as we may deem appropriate. The waiver and release of liability hereunder extends to any liability arising out of or in any way connected with any such medical treatment and transportation you receive or any failure to provide such treatment or transportation, whether arising from the negligence of any of the Organizer Representatives or otherwise. YOU AGREE NOT TO SUE, AND IRREVOCABLY, UNCONDITIONALLY AND ENTIRELY WAIVE, RELEASE, HOLD HARMLESS AND FOREVER DISCHARGE THE ORGANIZER AND THE AVALANCHE FOUNDATION AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AGENTS, SPONSORS, PARTNERS, AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “ORGANIZER REPRESENTATIVES”) FROM ANY AND ALL LIABILITIES, CLAIMS AND DEMANDS OF ANY KIND OR NATURE, IN LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, WHICH YOU EVER HAD, NOW HAVE, OR IN THE FUTURE MAY HAVE AGAINST THE ORGANIZER REPRESENTATIVES RELATING IN ANY WAY TO (A) ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN, OR TRAVEL TO AND FROM, AVALANCHE HOUSE OR ANY OTHER ACTIVITY IN CONNECTION WITH THIS AGREEMENT, INCLUDING ARISING OUT OF ANY EXPOSURE TO, CONTRACTING OR SPREADING OF SARS-COV-2 OR THE COVID-19 VIRUS OR MUTATIONS THEREFROM (COLLECTIVELY, “COVID-19”); (B) USE OR AWARDING OF THE PRIZES; AND (C) THE APPEARANCES OR CONTENT, INCLUDING WITHOUT LIMITATION, CLAIMS INVOLVING RIGHT OF PRIVACY, RIGHT OF PUBLICITY, DEFAMATION OR COPYRIGHT INFRINGEMENT, UNLESS SUCH USE IS NOT AUTHORIZED BY THIS AGREEMENT. YOU UNDERSTAND THAT YOU MAY NOT SEEK ANY EQUITABLE RELIEF AGAINST THE ORGANIZER REPRESENTATIVES (SUCH AS OBTAINING AN INJUNCTION TO STOP THE USE OR DISTRIBUTION OF THE APPEARANCES OR CONTENT) OR SEEK ANY TERMINATION OR RESCISSION OF THE TERMS. THESE TERMS IS BINDING UPON YOUR HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS.
h. You agree to indemnify and hold each of the Organizer Representatives harmless from any damages, losses, liability, proceeding, claim or demand (including without limitation legal fees and any fines, fees or penalties imposed by any governmental authority) arising out of or related to your attendance at or use of Avalanche House or related activities, content, materials, food or beverages, your breach of the Terms or your violation of any duty, obligation, law, rule or regulation, or the rights of any third party.
i. We reserve the right to terminate your access at any time in our sole discretion and you agree to abide by any such terminated access.
5. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. In the event that any provision of the Terms is determined to be unlawful, void or unenforceable, the Terms will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from the Terms.
6. The Terms and our relationship with you will be governed by the laws of the State of New York, without regard to conflict of laws rules or principles. Any disputes arising or related to the Terms, Avalanche House or the related activities, content, materials, food or beverages shall be adjudicated in the courts located in New York County, New York.
7. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and us. These Terms: (a) may be executed either electronically or otherwise and in counterparts, none of which affects its validity; (b) and the rights and obligations hereunder may not be assigned or transferred by you without our prior written consent, and any purported assignment or transfer without such consent shall be voidable at our option; (c) may not be amended, modified or waived without our prior written consent.
Thank you for attending!