DEVCON 6 TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS BEFORE FINALIZING YOUR PURCHASE OF A TICKET OR SPONSORSHIP FOR DEVCON.
Devcon 6 will take place at Bogota, Colombia on 11 to 14 October 2022 (“Devcon” or the“Event”).
This agreement (“Agreement”) is made by and between Stiftung Ethereum, a Swiss Foundation located at Zeughausgasse 7a, 6300 Zug, Switzerland (“We” or “Us”), and participants in Devcon, including, but not limited to, persons purchasing tickets or sponsorships for Devcon, speakers, sponsors, volunteers, substitutions, and any attendees of Devcon (“You”, and together with Us, the"Parties"). This Agreement includes and incorporates by reference:
Devcon is intended to be an educational and collaborative conference. The purpose of this Agreement is to ensure that Devcon is and remains a high quality, meaningful, and safe conference for all organizers and participants as well as the broader Ethereum ecosystem.
1.1 This Agreement sets out the terms and conditions for purchasing a ticket or a sponsorship for Devcon, accessing, attending, and otherwise participating in Devcon.
1.2 Please read these terms and conditions carefully before You submit your order to Us. These terms and conditions explain the terms of purchasing a ticket or a sponsorship, admittance to, attending, and otherwise participating in Devcon, including, but not limited to, prohibited activities, intellectual property rights, control of credentials issued by Us, how You and We may change or end the contract, and other important information.
1.3 Our acceptance of your order will take place when You receive a confirmation receipt that your order has been successfully completed, at which point the Agreement will come into existence between You and Us.
1.4 You may contact Us at email@example.com. If We have to contact You, We will do so by the email You have provided to Us.
2.1 Your ticket entitles You to valid credentials issued by Us (the “Wristband”) that entitles You admittance to Devcon. You are responsible for checking in at the Event with proof of a valid ticket to receive your Wristband. No one will be admitted to Devcon without a Wristband.
2.2 Any and all other costs and legal requirements arising out of or relating to your attendance of Devcon (including, but not limited to, visa, travel, and accommodation needs and expenses) are solely your responsibility. We shall bear no liability for any costs or failures to make such appropriate arrangements.
2.3 We reserve the right, in our sole discretion and without refund, to refuse admittance to or expel from Devcon anyone: (a) for health or safety concerns; (b) who is under 18 years old and has not received prior written approval from Us; (c) who breaches the terms under this Agreement; (d) who is determined to behave in a manner that could be disruptive to others; or (e) who is determined to interfere or participate in conduct that could interfere with the administration of Devcon or the enjoyment of Devcon by others.
3.0 AGE LIMITATIONS
3.1 You must be 18 years of age or older to purchase a ticket to and attend Devcon and all related events. By purchasing a ticket, You represent and warrant that You are 18 years of age or older, not barred from attending Devcon under the laws of the applicable jurisdiction, have the capacity to purchase a ticket and attend the Event, and have purchased a ticket for your own attendance of Devcon. If You are under the age of 18 and wish to attend Devcon, You must reach out to Us at firstname.lastname@example.org to obtain prior written approval.
3.2 Participants must be 18 years of age or older to purchase a sponsorship. By purchasing a sponsorship, You represent and warrant that You are 18 years of age or older, not barred from purchasing a sponsorship under the laws of the applicable jurisdiction, and have the capacity and are duly authorized to make the purchase.
4.0 WRISTBAND CONTROL
4.1 You must produce a valid Wristband to gain access to and attend Devcon. The Wristband must be worn and displayed prominently at all times while at Devcon or designated off-site activities and You are responsible for the safekeeping of the Wristband during Devcon.
4.2 Wristbands are personal revocable licenses issued to You and shall at all times remain the sole property of Us. Wristbands must be surrendered to Us or our representatives upon demand. For the avoidance of doubt, the abovementioned personal license is one that is available to You only and is non-transferable.
4.3 False certification, misuse of a Wristband, or any other method or device used to assist unauthorized personnel to gain admittance to Devcon will be just cause for: (a) denying entry to and expelling You and any other persons involved from Devcon without any obligation on our part to refund any fees; and (b) banning You and any other persons involved from present and future Devcon events.
4.4 Your Wristband may be invalidated if any part of it is removed, altered, or defaced. We will not be responsible for any Wristband that is invalidated, lost, stolen, or destroyed.
5.0 SOLICITING, RECRUITING, AND OTHER PROHIBITED ACTIVITIES AT DEVCON
5.1 Devcon is an educational conference. In order to comply with the laws of the host jurisdiction and the laws and rules applicable to Us, it is important that attendees enjoy the educational nature of the conference. You understand that Devcon is not a sales conference, employment job fair, or other type of conference. As such, solicitation, sales, marketing, or promotions or offers to sell including, but not limited to, announcements of ICOs, crowdsales, or similar promotional pitches, “suitcasing”, or outboarding are all prohibited at Devcon. Any securities activities including, but not limited to, marketing, promoting, offering to sell, or sales of any kind of investments or securities is also strictly prohibited. “Suitcasing” refers to the practice of “working the aisles” of an event from a suitcase or briefcase, soliciting business from other attendees and participants.
5.2 We reserve the right to deny entrance or expel any person from Devcon who engages in, assists in, or is reputed to engage or assist in, unethical or non-compliant marketing practices which include, but are not limited to, the solicitation, selling, promotion of sales, offers to sell, engagement in any securities activities, or otherwise prohibited or illegal activity at Devcon.
6.0 CHANGES TO THE EVENT; RIGHT TO REFUSE ORDER
6.1 Devcon is a multi-day conference subject to the needs and requirements of, without limitation, the venue, location, local authorities, attendees, speakers, sponsors, and administration. You understand and agree that We may at our sole discretion alter or cancel any aspect of the Event, including, but not limited to, the content, program, speakers, moderators, venue, and time without notice and without refund.
6.2 In addition to the requirements and prohibitions set forth in this Agreement, We may at our sole discretion also exclude any person from purchasing a ticket or sponsorship. We also reserve the right to cancel, at our sole discretion, any ticket or sponsorship upon refund of the fee paid to Us, provided, however, that if any ticket is cancelled for violating any prohibition or requirement set out in this Agreement, no refund will be made.
6.3 We may implement safety measures in relation to the COVID-19 pandemic including those as mandated by local law, instructed by local authorities, or required by the venue or service providers. Compliance with such measures, and applicable consents from You, may be mandatory for participation in Devcon. Further, You understand and agree that We may, if required by applicable local law or as instructed by local authorities, share anonymized COVID-related information about You that We receive as part of such safety measures with public health authorities or other regulatory agencies as required under applicable laws.
7.0 CANCELLATION POLICY
7.1 There are no guaranteed refunds for ticket or sponsorship cancellations. We will consider exceptions on a case-by-case basis upon your written request to email@example.com prior to the first day of Devcon. Any refunds are limited to a maximum amount of the price paid by You to Us.
7.2 If the refund request is approved for a ticket paid for in cryptocurrency, You will be responsible for paying the gas fees of the transaction of the refund. Such gas fees will be deducted from the refunded amount.
7.3 Please remember that cancelling your ticket or sponsorship does not automatically cancel your hotel and travel arrangements. You are responsible for your own hotel and travel plans including, but not limited to, all costs, expenses, and fees associated with the cancellation.
8.0 PRESENTATIONS, VIEWS AND MATERIALS
The views expressed by any Devcon attendee, speaker, or sponsor are not those of Devcon or the Ethereum Foundation. All Devcon attendees, speakers, and sponsors are solely responsible for the content of any and all presentations and related materials.
9.0 PHOTOGRAPHY, RECORDING, LIVE STREAMING AND VIDEO RECORDING
9.1 We reserve the right to use images taken at Devcon with your photograph and/or likeness in future marketing materials.
9.2 You may not record, stream, or otherwise broadcast audio or video of any and all sessions at Devcon. We allow cameras and photography at the Event; however professional video recording is strictly prohibited and anyone doing so will be immediately escorted out from the Event and will be asked to surrender his or her Wristband without refund of fees. You are responsible for compliance with all applicable intellectual property, privacy and publicity laws, rules, and regulations.
10.0 INTELLECTUAL PROPERTY
10.1 All intellectual property (including works of authorship, copyrights, inventions, patents, trademarks, personality rights, and moral rights) owned or licensed by anyone prior to Devcon, including, but not limited to, Us and the Parties presenting at Devcon, shall remain with that party.
10.2 You may not use or reproduce, or allow anyone else to use or reproduce, any trademarks relating to the Ethereum Foundation, including, but not limited to, the wordmark “Ethereum Foundation”, in any Devcon content or in any materials distributed at or in connection with Devcon for any reason without our prior written permission.
10.3 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 intellectual property owned or licensed by Us or any of the Parties presenting at Devcon, all of which shall at all times remain the exclusive property of Us or the respective Parties presenting at Devcon.
11.0 FORCE MAJEURE
We shall not be held responsible for any delay or failure in the performance of our obligations under this Agreement to the extent that such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, acts of God, acts of terrorism, acts of war, disease, epidemics or pandemics, blackouts, insurrections, riots, civil disturbances, electrical disruptions, third-party injunctions, the availability of the venue or other similar causes beyond our reasonable control and without the fault of Us or our subcontractors. For one or more of such reasons, We may postpone, reschedule, or cancel any part of or the entirety of the Event without liability on our part. In the event any part of or the entirety of Devcon cannot be held or is postponed pursuant to this section, We shall not be liable to You for any incidental, consequential, special, direct, or indirect damages, costs, or losses incurred, including, but not limited to, transportation costs, accommodations costs, or financial losses. We will review refund or fee transfer requests submitted in writing on a case-by-case basis.
12.0 DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
12.1 We give no warranties in respect of any aspect of Devcon or any materials relating to or offered at Devcon and, to the fullest extent possible under the laws governing this Agreement, disclaim all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, or merchantability. Devcon is provided on an “as-is” basis. Neither We nor our affiliates accept any responsibility or liability for reliance by You or any person on any aspect of Devcon or any information provided at Devcon. Some jurisdictions do not allow exclusion of warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to You in their entirety, but will apply to the maximum extent permitted by the applicable law.
12.2 Except as required by law, neither We nor our affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from Devcon or any other aspect related thereto or in connection with this Agreement.
12.3 Our maximum aggregate liability for any claim in any way connected with or arising from Devcon 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 Us under this Agreement. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
13.0 PERSONAL INJURY, LOSS AND INDEMNIFICATION
YOU SHALL INDEMNIFY US AND HOLD HARMLESS US and our respective directors, officers, members, owners, agents, employees, and servants (collectively “Indemnitees”) from and against any and all claims, suits, causes of action, damages, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) of any kind whatsoever (collectively “Claims”) arising out of or in connection with You or your agents’, employees’, guests’ or assigns’, or transferees’: (a) attendance of, access to, or participation in Devcon; (b) purchase of a ticket or sponsorship; (c) use of the Wristband; (d) breach of this Agreement; or (e) act or omission, neglect, or wrongdoing. You shall, at your sole cost and expense, defend (with counsel acceptable to the Indemnitees) the Indemnitees against any and all such Claims. You and all persons using a Wristband, attending, accessing, or otherwise participating in Devcon assume all risk and danger of personal injury, death, and all other hazards and losses, both personal and property, arising from or related in any way to the Event, whether occurring prior to, during, or after the Event, and You hereby release the Indemnitees from any such claims or injuries to the extent permissible by applicable law. This section shall survive the termination or expiration of this Agreement.
14.0 COMPLIANCE WITH LAWS, RULES, AND REGULATIONS
14.1 You are responsible for all personal property brought to Devcon. You agree to comply with the terms of the Agreement and all Devcon rules, all applicable local and federal laws, and all applicable rules or regulations adopted from time to time.
14.2 To the extent permissible by law, You and your representatives waive any rights and claims for damages arising out of or relating to the enforcement of the Wristband control restrictions, the prohibited activities restrictions, the video restrictions, and the other restrictions expressly set forth in this Agreement.
15.0 WAIVER AND SEVERABILITY
15.1 No waiver by Us of any term or condition set out in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Us to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision.
15.2 If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
16.0 GOVERNING LAW
This Agreement and all matters relating to Devcon shall be governed by and construed in accordance with the laws of Switzerland (excluding treaties or International Conventions such as the UN Convention on Contracts for the International Sale of Goods).
Any dispute, controversy, or claim arising out of or relating to this contract, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat of the arbitration shall be Zurich unless the parties agree on a different seat. The arbitral proceedings shall be conducted in English.
18.0 ENTIRE AGREEMENT
The Agreement constitutes the sole and entire agreement between You and Us with relating to your purchase of a ticket or sponsorship, access to, attendance of, or participation in Devcon and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the same. The Parties agree that each has not entered into the Agreement in reliance of, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking, or indemnity by any person other than as expressly set out in the Agreement.