SECTION 3.3 GOVERNS ANY COMMUNICATIONS YOU HAVE CONSENTED TO BY ENROLLING TO RECEIVE COMMUNICATIONS FROM SBE (AS DEFINED BELOW) AND ITS ADVERTISERS ON THE REGISTRATION PAGE. AS PART OF SUCH ENROLLMENT TO RECEIVE AUTOMATED COMMUNICATIONS, YOU AGREE THAT SBE (AND ITS ADVERTISERS) MAY COMMUNICATE WITH YOU AT THE NUMBERS THAT YOU PROVIDED USING AN AUTOMATED TELEPHONE DIALING SYSTEM OR USING AN ARTIFICIAL OR PRERECORDED VOICE. YOU ALSO AGREE AND UNDERSTAND THAT CONSENT IS NOT A CONDITION OF PURCHASE.
PLEASE CAREFULLY REVIEW THE BELOW. THESE GENERAL WEBSITE USER AND ATTENDEE TERMS AND CONDITIONS (THIS “AGREEMENT”) LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR SBE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THIS AGREEMENT ALSO GOVERNS THE RIGHTS OF SBE (AS DEFINED BELOW) AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSEES TO CALL, TEXT MESSAGE, AND EMAIL ON BEHALF OF SBE, SBE’S ADVERTISERS AND OTHER THIRD PARTIES (See Section 3.3 below).
Welcome to www.thesmallbusinessexpo.com (the “Website”), operated by Film, Stage & ShowBiz Expo LLC, a New York limited liability company d/b/a Small Business Expo and/or d/b/a The Show Producers (“SBE”, “we”, “our”, or “us”). The Website enables anonymous visitors to the Website (“Visitors”) to learn more about us and our Small Business Expo events (each, an “Event” and collectively, the “Events”), and Visitors who affirmatively indicate their agreement to abide by this Agreement by means of a click-through consent (where made available) to register for an Event or Events as attendees (“Attendees”). The terms “you”, “your” and “yours” when used herein refers to either Attendees or Visitors or to both Attendees and Visitors collectively, as applicable from the context of the sentence, and in the case of doubt refers to both Attendees and Visitors. This Agreement sets forth the terms and conditions which govern your use of the Website and your attendance at each Event. For clarity, each “Event” as defined herein refers collectively to, and includes, all activities being promoted by SBE in connection with any particular Event, including all pre-expo and post-expo activities.
- Acceptance. Please read this Agreement carefully before otherwise accessing the Website. In order to use the Website, you must first agree to the provisions of this Agreement. By accessing any web page of the Website (other than this Agreement), Visitors indicate that they have read and agree to be bound by the terms and conditions set forth in this Agreement. Attendees indicate their agreement to this Agreement either as do Visitors, or by means of a click-through consent or by signing electronically (where any such an option is made available by SBE), or otherwise upon commencing use of the Website. You also may be able to register for Events from other third-party sites (such as via Facebook), and you will indicate your agreement to this Agreement when completing such registration. By becoming an Attendee you represent and warrant that you are at least eighteen (18) years of age and not a minor in your state of residence, and that, if you are executing this Agreement on behalf of an entity or any other person, you have been duly authorized to so act by such entity or such person. Please keep in mind that you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with SBE, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction in which you reside or otherwise from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. If we ask Attendees to indicate their acknowledgement of this Agreement and their adherence to its provisions more than one time and in more than one manner, such repeated request and/or multiple execution of this Agreement is intended for the sake of good practice only and in no way derogates from the validity of any prior acknowledgement or execution.
- Modification. We reserve the right to modify this Agreement at any time. You agree to review this Agreement periodically to be aware of all such modifications. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement. You agree that your continued use of the Website after a modified version of this Agreement has been posted to the Website shall be deemed to be your conclusive acceptance of any modified version of this Agreement. If you do not agree to abide by the initial version and each modified version of this Agreement, you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage.
- Attendee Registration. Attendees can register for Events online using the service provided by our third-party registration provider Eventbrite, Inc. (“EventBrite”) or on site at the respective venue on the day of an Event or via certain other third-party sites (such as Facebook). However, please note that all registrations for an Event are space permitting, on a first-come first-served basis. If you register online, each Attendee will receive a user ID and password to access such Attendee’s registration account (“Account”). Attendees agree not to allow any third party to use their Account to access the Website and to safeguard the information that would allow another person or entity to access the Website by using their Account. Attendees shall be responsible for their failure to safeguard such information and/or to allow any other individual or entity to access or use the Website by using their Account. No Account, or any portion thereof, may be sold or otherwise transferred by an Attendee. Attendees shall notify SBE in writing immediately of any unauthorized use of their Account or otherwise of the Website. Attendees and Visitors agree that SBE shall not be liable for any loss that results from the unauthorized use of any Account, either with or without SBE’s knowledge. You will need to check-in with us before each Event in our Registration Area. We will print your badge on-site and provide you with a lanyard/clip and badge holder. We do recommend that you print and bring with you to the Event your EventBrite confirmation with QR Code for quick and expedited check-in.
- Multiple Registrations. The representative of an Attendee may register on behalf of more than one person (whether another individual or an entity, provided, that (a) the person effectuating such a registration has first secured the authorization required to execute this Agreement on behalf of the person being registered, (b) person effectuating such a registration otherwise has the ability to agree to this Agreement on behalf of such person, and (c) a different email address is used for each person registering. You represent and warrant to us that by registering on behalf of any Attendee, you have been fully authorized to act on behalf of such Attendee and to enter into this Agreement on behalf of such Attendee, and that you will be jointly liable with such Attendee for any breach of this Agreement.
- Accurate Information. You shall provide us with accurate, complete and current information during registration and in response to any written request (including by email) by us, and you shall update all such information provided to us if and as soon as such information changes.
- Disabling or Revocation of Registration. We have the right to cancel your registration to an Event and/or access to your Account at any time, for any reason as determined by us in our sole discretion, including without limitation if we believe you have violated this Agreement. If we disable access to your Account, you may be prevented from accessing certain pages of the Website, your Account details and/or certain files or other materials, all of which may be deleted by us.
- No Transfer. Your registration to an Event and/or your right to use the Website through your Account is not transferrable to any other person. It is forbidden to transfer and you are prohibited from transferring any badges, passes or any other credentials used for gaining admittance to an Event.
SMALL BUSINESS EXPO.
- About the Events. The Events are business networking and trade show events which bring together business professionals such as business owners, CEOs, Presidents, CMOs, CFOs, entrepreneurs and other senior level management and other business professionals. The Events feature numerous exciting and insightful business industry related panel discussions, workshops, networking events and classes. Aside from premium paid credentials or other premium status provided by us, Attendees generally will be eligible to participate in most activities offered at the Events on a first-come, first served basis, with limited availability.
- Dress Code. The dress code for Events is business casual.
- SMS Text Messages; Robo Calls; Email Blasts; Other Contacts. You agree that by submitting your personally identifiable information (“PII”) and consenting on the registration page to receive communications from us by automated technology, you authorize us or third parties to whom we have transferred your PII or who have collected your PII at an Event, to contact you for advertising, marketing, reminders and other commercial purposes, including without limitation by means of telephone calls or text messages using any automatic telephone dialing system(s), artificial voice(s), pre-recorded call(s), and/or pre-recorded voice(s) (in each case to your mobile, home and/or office phone numbers), email blasts and otherwise by postal mail. Without limiting the foregoing, you acknowledge and agree that (a) we sell or otherwise transfer our contact list to certain third parties, and such third parties may contact you to solicit your business or otherwise, including without limitation by means of email blasts and postal mailings, and (b) once any such transfer has been made by us to any such third party, we have no control over such information and if you wish for such third parties to stop contacting you then you shall contact each such third party directly in order to request that your PII be removed by them from any third party lists. If you have provided prior express written consent to receive automated text messages and calls, then you agree that we may use your PII to make calls and text messages using any automatic telephone dialing system(s), artificial voice(s), pre-recorded call(s), and/or pre-recorded voice(s), regardless of whether your telephone number is on any state or national do not call list. You may opt out at any time by email to firstname.lastname@example.org, or by writing us at the address in Section 22. Any opt out request must include your telephone numbers. You agree and understand that purchase is not a condition of your consent.
- Recording of the Event; Grant of Rights to Use Name, Image and Likeness. We will be photographing, videotaping and otherwise recording the Events and using the resulting footage for promotional purposes. Each Attendees acknowledges and agrees that such Attendee hereby grants SBE the exclusive, perpetual, worldwide, irrevocable, royalty free right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise use such Attendee’s name, image, likeness, voice and biography (or any copyrighted material or trademarks owned and displayed by such Attendee) in any manner or media whatsoever (whether now known or hereafter known) including without limitation for the purposes of advertising or trade in promoting and publicizing the Event, SBE and/or our products and services, whether appearing in or derived from such footage, or whether provided to us from you or any third party.
- Event Traffic. Waiting lines to register for an Event or otherwise to enter an Event may be quite long. You can facilitate your admittance to an Event by registering through the Website prior to such Event, though please note that doing so does not ensure that you will be admitted to such Event quickly. We work hard to make admission to each Event a smooth process for everyone, but as the number of Attendees customarily is large and only a certain number of people can be processed for admission to an Event at one time, you may to have to wait a significant amount of time before being admitted to an Event.
- Badges. Attendees can attend Events free of charge. However, Attendees may purchase certain “badge” options from us which enable you Attendees to experience additional benefits, features or access at an Event, such as the use of our “leads” scanner App, attendance at one of our “Networking Happy Hour” events, reserved seating for workshops and for our main stage presentations, priority seating in our speed network areas and promotion of your company in our post-conference email. For details about these additional benefits, features or access, please see the Badge Chart in our FAQ on the EventBrite registration page. If you wish to purchase a higher level badge than the one you have already purchased, you must first make the additional purchase and then you may contact us to request a credit of your lower level badge by email at email@example.com or by phone at 212 404-2345.
- Lead Scanner App; Scanning PII. SBE may offer the option for Attendees to rent a bar code scanner at an Event. Our Lead Scanner App (the “App”) is an excellent way to collect valuable contact information from each person you meet at an Event. The App is available on Android & iPhone. Certain of the PII and other information provided by Attendees at registration for an Event (such as First Name, Last Name, Email Address, Phone #, Company Name, Industry, Job Title & Mailing Address) will be available to other Attendees and Event exhibitors (“Exhibitors”) during such Events and thereafter. However, an Attendee’s credit card information shall never be part of the PII provided to other Attendees and Exhibitors by us. Specifically, the App enables an Attendee to scan the QR code found on another Attendee’s registration badge at an Event. Once you scan the QR Code, that person’s contact information that was provided to us when that person registered for the Event will be uploaded to and otherwise accessible from your device via the App. You can then designate the lead as “Cold”, “Warm” or “Hot” for future follow up. The App also allows you to export all of your scans into an Excel Spreadsheet that you can then upload to many varieties of CRM, Email Marketing Software, Contact Databases, and the like. Each Attendee agrees that by providing us with your information at registration, we and other Attendees and Exhibitors are free to use your information (other than your credit card information) for any commercial purpose, including without limitation for promotions and advertisements for our, their or any third party products and services. Your use of the App and our scanners assumes (and is contingent upon) your responsible use of such items and your legal treatment of all PII and other information obtained through the use of such items, including without limitation your adherence to all laws, regulations and rules applicable to your utilizing such information (including without limitation the Telephone Consumer Protection Act and the CAN-SPAM Act), and neither SBE nor any of the other SBE Parties shall be responsible for any breach or other violation by you or anyone acting on your behalf of any such law, regulation or rule.
- Networking Happy Hour. At certain Events we may offer Attendees of a qualifying badge level (as indicated by us on an Event-by-Event basis) the opportunity to participate in our “Networking Happy Hour” activities on the day of each Event. Beer and/or wine (and in some cases liquor) will be offered at the VIP Bar for all Attendees who are of legal drinking age and who hold a qualifying badge level. For such persons who possess such a qualifying badge, we offer special VIP passes which are intended to result in shorter lines at the bar. However, you acknowledge that for all participating Attendees (a) drinks are generally dispensed on a first-come-first served basis, (b) there is no guarantee of how many drinks an Attendee will receive, and (c) no refunds for unredeemed tickets or otherwise will be issued. The venue provider of the Event is exclusively responsible for serving the drinks and has the absolute discretion and authority to refuse to serve you or anyone else any alcoholic beverages. You agree to drink responsibly and never to drink and drive, and you hereby agree to hold harmless, indemnify and defend SBE and each of the other SBE Parties, and the venue provider and all of its personnel (including without limitation the beverage server or servers) from all of your acts or omissions related to your participation in any “Networking Happy Hour” or other alcoholic beverage activities which occur in connection with any of the Events.
- Email Blasts. Some Attendees who have selected such an option shall have the ability to submit their logos, business descriptions and contact information for us to include in a pre-Event or post-Event email blast. In order to be included in such an email blast, such Attendees must meet the posted deadlines for inclusion, and if such a deadline is missed SBE shall not be liable in any way for the omitted submission and SBE shall not offer such Attendee any refund or any additional opportunity to participate in another email blast.
- Job Interviews. If offered at an Event, Attendees may register to participate in various job interviews at such Event. Attendees acknowledge and agree that SBE merely provides a forum for such activities and that SBE does not endorse and has no control over the parties conducting such interviews. Thus, SBE is not responsible for the hiring practices or otherwise the acts or omissions of any such third party. If interviews are offered at an Event, such interviews have a limited number of available time slots and you are not guaranteed participation in or otherwise the availability of any such interview.
- Shark Bait Entrepreneurial Panel. At some Events we may offer the ability for certain Attendees to present their services or products to a selected panel of business professionals. You realize that by pitching your services or products to such a panel your ideas will become public and can be utilized by others. SBE has nothing to do with the selection process utilized by any such panel and thus has no liability in connection with such a process. Moreover, any such panel is not affiliated with or endorsed by the “Shark Tank” television show, any of its sponsors or owners including without limitation ABC Networks, LLC, Sony Pictures Television, and Mark Burnett productions, or any of their series, subsidiaries, divisions, or affiliates. Further, the Shark Tank television show on occasion may conduct casting calls at one or more Events, and SBE is not affiliated with such a show or any of its owners or sponsors, does not endorse the show and is not responsible for what happens if an Attendee is or is not selected to appear on such a television show. Attendees should also keep in mind that all presentations are made public and SBE is not and cannot be responsible for the divulging of any proprietary or other sensitive information by Attendee or any other party.
- Hotels. SBE receives preferential rates for certain hotels it showcases on the Website, at an Event or in other communications to you. However, SBE is not affiliated with and does not endorse any of these hotel options. Further, SBE may receive a commission from some of the hotels it showcases.
- Recording of the Event; Grant of Rights to Use Name, Image and Likeness. We will be photographing, videotaping and otherwise recording the Events and using the resulting footage for promotional purposes. Each Attendee acknowledges and agrees that such Attendee hereby grants SBE the exclusive, perpetual, worldwide, irrevocable, royalty free and fully paid right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise use such Attendee’s name, image, likeness, voice and biography (or any copyrighted material or trademarks owned and displayed by such Attendee) in any manner or media whatsoever (whether now known or hereafter known) including without limitation for the purposes of advertising or trade in promoting and publicizing the Event, SBE and/or our products and services, whether appearing in or derived from such footage, or whether provided to us from you or any third party.
- No Solicitation by Attendees. Only Exhibitors (or our sponsors) are permitted to solicit Attendees regarding their products/services at an Event, and thus Attendees may not promote their products or services at or in connection with an Event. Violators will be asked to leave (and/or shall be escorted from) the Event premises and may be prohibited from attending any future Events. We thank you in advance for your cooperation. If you would like to promote any of your products/services at an Event, then you must become an Exhibitor.
- Exhibitor or Other Third Party Speech or Expression. Each Event offers the opportunity for various Exhibitors or sponsors to present their products and services, and otherwise to communicate their thoughts and opinions, to Attendees. Further, Attendees or other individuals may have communicated their thoughts and opinions to other Attendees or other persons. We do not endorse or otherwise condone any statements made by, or the activities of, or products or services of, any Exhibitor, sponsor, other Attendee or other person, and you acknowledge and agree that none of the SBE Parties shall be liable for any act or omission of an Exhibitor, sponsor, other Attendee or other person at, or otherwise in connection with, any Event or otherwise.
- Small Business Education Center. SBE may provide, as part of the Website, a forum for learning about issues which affect small business owners, including articles and commentary posted by us or third parties, which we currently call the Small Business Education Center and which is viewable at: https://www.thesmallbusinessexpo.com/blog/ (“SBEC”). All such Content is provided for educational and informational purposes only, and should not be construed as constituting legal, financial, accounting, tax or business advice. You should not act or refrain from acting on the basis of any Content obtained at any Event or appearing on the Website (including without limitation Content provided as part of SBEC) without receiving appropriate legal, financial, accounting, tax and business advice from an attorney and other licensed advisors in your State of activity and regarding the particular facts and circumstances involving your business. Content posted on the Website (including without limitation as part of SBEC) may contain errors, be incomplete, or be outdated. SBE makes no warranty, express or implied, about the accuracy, completeness, reliability or suitability of any Content or the content obtained from any other website to which we provide a link or which links to the Website, and SBE shall not be responsible for any such information. All links or other references to third parties are provided for the sake of interest or convenience only, and do not represent any endorsement by or affiliation with SBE.
- Sweepstakes. SBE may operate sweepstakes or skills contests from time to time at an Event or otherwise. Your participation in any such sweepstakes or contest will be subject to any official rules or other governing agreement regulating participation in such a sweepstakes or contest which are posted at an Event or otherwise on the Website in connection with such a sweepstakes or contest. Exhibitors also may run their own sweepstakes or contests at an Event, and SBE is not involved with, liable for, or responsible in any way for any such sweepstakes or contest.
- Awards Program. We may offer “The Best of Small Business Awards™” program at our Events, which is designed to recognize and celebrate popular small and mid-sized business who have been selected by means of a public vote from entries submitted to us. This program currently offers over twenty categories of recognition. Any business or entrepreneur who is eligible to use this Website is eligible to participate in this awards program, and SBE is not obligated to review any entry and may reject any such entry if we learn of any violation of this Agreement by the submitting party or anyone acting on such party’s behalf. Without limiting any other provision of this Agreement and for clarity only, each person submitting an entry is fully responsible to ensure that all information provided is accurate, and SBE is not responsible whatsoever for any information provided to us in connection with or regarding this awards program. All award program “winners” are selected by means of a public vote (for that particular category), so keep in mind that entrants who have a wide following on social media or who have a large contact list will statistically have a greater chance of winning than other businesses with less of a following or a smaller list. Each entry requires the payment of an associated fee to SBE as well as the submission of required information prior to the stated deadline.
- Special Requests. Any and all special requests made by you, including without limitation a request that we provide you with hearing-impaired interpreters or assistance for sight impaired individuals at an Event, or any similar such requests, must be delivered in writing to SBE no less than sixty (60) days prior to such Event.
- Purchases. Certain of our products or services, including those geared to Attendees, may be offered for sale by us through the Website, by phone by our representatives, at an Event or otherwise by us. In the event you wish to purchase any of these products or services, you will be asked by SBE or an authorized third party on SBE’s behalf to supply certain of your PII, including without limitation, your full name, address, telephone number and credit card information. You shall provide SBE and/or such third party with your accurate, complete and current PII and other information at all times, and you shall comply with the terms and conditions of any additional agreement that you may enter into which governs your purchase of any such product or service. You shall be responsible for all charges incurred through your Account, or otherwise made by you or on your behalf. Please note that fees indicated as the “PRICE” refer to what SBE charges for a specific badge option, whereas the fees indicated as the “FEE” refers to registration processing fees charged by Eventbrite.
- Payment. Your right to use any service or product that is available for purchase through the Website, by phone, at an Event or otherwise, is contingent upon your payment in full of the applicable fees indicated for such purchase (collectively, the “Fees”). Each applicable portion of the Fees must be paid in full at the time of purchase or otherwise as directed in writing by SBE. You may pay any portion of the Fees by Visa, MasterCard, Discover or American Express credit cards. If you select only our free admission option for attending an Event, then you will be registered as an Attendee for such Event free of charge and no Fee will be applied. If any payment made under your Account or otherwise by you or on your behalf cannot be charged to your credit card or if a charge is refunded for any reason, including without limitation by chargeback, we reserve the right to withhold delivery of the products and/or services requested in connection with such failed charge, refund or chargeback, and/or to suspend or terminate your Account, and/or otherwise to stop performing any of our obligations to you.
- No Refunds; All Sales are Final; Waiver of Claims. Except for as expressly set forth in this Agreement, once an Attendee badge has been purchased, there are no refunds provided. Rather, all sales are final. In no event will any portion of the Fees paid by you be returned to you and/or applied as a credit for any future Event. SBE has the right to cancel your registration to an Event or Events (and, if during an Event, SBE has the right to have you and/or your representatives removed from such Event) at any time due to your breach (or any a breach by any of your representatives) of any of the provisions of this Agreement, as determined by SBE in SBE’s sole discretion. If your registration to an Event is so cancelled by SBE or if you or your representatives are so removed from any such Event, you shall not receive any refund of any Fees paid by you. Notwithstanding the foregoing, if, however, SBE cancels an Event not due to the act or omission of a third party, SBE shall provide you with a full refund of the Fees applicable to such cancellation, minus a registration processing charge of twenty percent (20%) of such Fees. However, SBE shall not be responsible for any delays, damages, losses, increased costs, or other unfavorable conditions arising in connection with or related to any delay, rescheduling or cancellation of an Event, and you hereby irrevocably waive all claims arising therefrom.
- Taxes. You shall be responsible for obtaining all licenses, permits and approvals under local, state or federal law which are applicable to your purchase of any products and/or services from SBE or any person acting on behalf of SBE, or from any Exhibitor, and for obtaining all tax identification numbers and paying all taxes, license fees and other charges that become due to any governmental authority or any other person in connection with or related to any such products and/or services.
NO ENDORSEMENT OR AFFILIATION; RELEASE.
SBE is not affiliated with and does not endorse any Exhibitor or any of the products or services offered by any Exhibitor or advertised or otherwise referenced on the Website or at any Event by any Exhibitor or any other third party, and SBE does not guarantee the accurateness, validity, effectiveness or use of any such products or services. You hereby release SBE and each of our members, SBE, directors, officers, agents, representatives, employees and other personnel (collectively, the “SBE Parties”) from any and all claims, demands, damages (actual and consequential) and other liabilities, of every kind and nature, known and unknown, arising out of or in any way related to, directly or indirectly, your use of the Website and/or your attendance at any Event, including without limitation (a) any act or omission of SBE, an Exhibitor or any other person in connection with or related to the Website or your participation in any Event, (b) any products or services provided or offered by an Exhibitor or any other person in connection with or related to the Website or your participation in any Event, and (c) any dispute between you and an Exhibitor, or you and any other third party, in connection with or related to your use of the Website or your participation in any Event.
- Proprietary Rights. The Website contains various Content which is protected by the copyright, trademark and other laws of the United States and/or other jurisdictions. As between you and SBE (a) all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Website (including without limitation all Content appearing on the Website) is owned exclusively by SBE, and (b) you have no rights in and to the Website other than for (as between you and us) the limited usage rights expressly described in this Agreement. Except for that information which is in the public domain or for which you have been given express written permission by SBE, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of SBE and, where applicable, our licensors, except for as provided in Section 8 hereof.
- Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Website, (d) your address, telephone number, and e-mail address, (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SBE actual knowledge of facts or circumstances from which infringing material or acts are evident. SBE’s copyright agent for notice of claims of copyright infringement can be reached as follows:Name: Small Business Expo Copyright Agent
Address: 555 8th Avenue, Suite 1603, New York, NY 10018
We suggest that you consult your legal advisor before filing a notice with SBE’s copyright agent. You should note that there can be penalties for false claims under the DMCA. SBE will, in appropriate circumstances and to the extent plausible, terminate the Account of an Attendee who infringes the rights of copyright holders.
- Trademarks. All Trademarks appearing on the Website are the property of their respective owners. SBE is not affiliated with, or sponsored or endorsed by, any third party trademark owner whose Trademark appears on the Website (unless the opposite is expressly indicated), and SBE does not sponsor or endorse the owner of any such Trademark. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings and trade dress appearing on the Website and/or at an Event which indicate a source of any products or services. Trademarks are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation by means of the distribution of Content, without our prior written consent or the consent of a third party Trademark holder, as applicable. In no event may any of the Trademarks be used in any manner that is likely to cause confusion or which causes confusion, or in any manner that disparages or discredits SBE and/or any Event.
REPRESENTATIONS, WARRANTIES AND COVENANTS.
You agree not to use, copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, retransmit, sell, publish, broadcast, circulate, display or in any way exploit any Content (including without limitation any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use, and in a manner which does not disparage SBE and/or any Event and which does not compete with us or any of the Events. However, you may print copies of materials on the Website for your personal, non-commercial use only, provided that you (i) keep intact all copyright, Trademark, and other proprietary notices appearing therein, and(ii) use such materials only in the manner permitted by this Agreement.
DISCLAIMER OF WARRANTIES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN THIS SECTIONS 10 AND IN SECTION 11:
- YOUR SOLE RISK. YOUR USE OF THE WEBSITE AND YOUR ATTENDANCE AT EACH EVENT IS AT YOUR SOLE RISK. THE WEBSITE AND EACH EVENT IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THROUGH THE WEBSITE AND/OR AT ANY EVENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NONE OF THE SBE PARTIES ASSUMES ANY RESPONSIBILITY (OR SHALL BE LIABLE OR OTHERWISE RESPONSIBLE) FOR YOUR ATTENDANCE AT ANY EVENT OR FOR YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ANY CONTENT, OTHER MATERIALS, PRODUCTS OR SERVICES, AND NONE OF THE SBE PARTIES MAKES ANY PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN CONNECTION WITH THE WEBSITE OR ANY EVENT.
- NO RELIANCE ON INFORMATION OR INTERACTIONS. WITHOUT LIMITING ANY OF THE FOREGOING, NO INFORMATION OBTAINED FROM SBE OR ANY THIRD PARTY THROUGH THE WEBSITE OR AT ANY EVENT, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT (A) YOUR ATTENDANCE AT SUCH EVENT, YOUR USE OF THE WEBSITE OR OTHERWISE YOUR RELIANCE ON OR OTHER USE OF ANY SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR OTHERWISE BE SUCCESSFUL, (B) YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS, (C) SUCH INFORMATION WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT, (D) DEFECTS IN THE OPERATION OF ANY EVENT OR THE FUNCTIONALITY OF ANY PORTION OF THE WEBSITE WILL BE CORRECTED OR UPDATED, (E) DESCRIPTIONS OF PRODUCTS AND/OR SERVICES OFFERED BY US ON BEHALF OF ANY EXHIBITORS OR SPONSORS WILL BE ACCURATE OR CORRECT, AND (F) ANY SBE PARTY IS IN ANY WAY LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM OR BE RELATED TO YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OF THE WEBSITE. SPECIFICALLY, EXHIBITORS OR OTHER THIRD PARTIES WITH WHOM YOU INTERACT THROUGH THE WEBSITE OR AT ANY EVENT (FOR EXAMPLE, WHO TEACH CLASSES OR CONDUCT WORKSHOPS, INTERVIEWS, PANEL DISCUSSIONS, CLASSES, OR AUDITIONS OR PERFORM OTHER ACTIVITIES, SUCH AS JUDGING OR PROVIDING REVIEWS), DO SO EXCLUSIVELY ON THEIR OWN BEHALF AND NONE OF THE SBE PARTIES ARE OR SHALL BE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF OR RELATED TO YOUR INTERACTION WITH ANY SUCH THIRD PARTIES OR WITH ANY OTHER PERSON WITH WHOM YOU INTERACT EITHER THROUGH THE WEBSITE OR AT ANY EVENT (OR OTHERWISE IN CONNECTION WITH ANY EVENT).
- YOUR SOLE LIABILITY; RELEASE. NONE OF THE SBE PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT (OR OTHERWISE IN CONNECTION WITH ANY EVENT). SPECIFICALLY, EACH OF THE SBE PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. AS BETWEEN YOU AND THE SBE PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSSES, LIABILITIES OR NEGATIVE CONSEQUENCES RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. YOU FURTHER HEREBY EXPRESSLY RELEASE EACH OF THE SBE PARTIES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT.
LIMITATION OF LIABILITY.
- LIMITED LIABILITY AND DAMAGES. IN NO EVENT SHALL ANY OF THE SBE PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR ANY EVENT, OR ANY PRODUCTS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY EVENT, WHETHER OR NOT SBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- CAP ON LIABILITY. IN NO EVENT SHALL THE SBE PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT, INCLUDING WITHOUT LIMITATION YOUR INTERACTION WITH ANY EXHIBITOR, EXCEED THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM, IF APPLICABLE, OR (B) ONE THOUSAND DOLLARS ($1,000).
- EXCEPTIONS. THE LIMITATIONS ON THE LIABILITY OF ALL OF THE SBE PARTIES IN THIS SECTION 11 SHALL APPLY WHETHER OR NOT ANY OF THE SBE PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LIABILITY, LOSSES OR DAMAGES ARISING IN CONNECTION WITH OR RELATED TO THE WEBSITE AND/OR ANY EVENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTION 10 ABOVE OR IN THIS SECTION 11 MAY NOT APPLY TO YOU.
Notwithstanding anything to the contrary in this Agreement, you hereby agree to indemnify, defend and hold each of the SBE Parties harmless from and against any and all claims, demands, actions, losses, expenses, damages (actual and consequential, direct and indirect) and liabilities of every kind and nature, and all related costs and expenses thereof (including without limitation reasonable attorneys’ fees and disbursements), arising out or related to (a) any breach by you (or any person acting on your behalf) of any representation, warranty or covenant made by you (or obligation undertaken by you) in this Agreement or in any further agreement executed by you with SBE (if applicable), (b) any act or omission by you (or any person acting on your behalf), (c) your use of the Website and/or your attendance at any Event, (d) your negligence or misconduct, or (e) your violation of any law, regulation or rule. If your indemnification obligations under this Section 12 are invoked by any SBE Party, such SBE Party shall endeavor to reasonably cooperate with you and shall at all times have the right fully to participate in such SBE Party’s defense with such SBE Party’s own counsel at its own expense. You shall not enter into any settlement which imposes any liability or obligation on any of the SBE Parties or which contains any admission or acknowledgment of wrongdoing (whether in tort or otherwise) without each such SBE Party’s prior written consent.
Your participation, correspondence or business dealings with any third party found on or through the Website or resulting from any introduction or other contact made at any Event, in general or specifically regarding payment and delivery of any specific goods and/or services, and any other terms, conditions, representations or warranties associated with any such dealings, are solely between you and such third party. You agree that none of the SBE Parties shall be liable or otherwise responsible for any loss, damage, or other matters of any sort incurred as the result of or related to any such dealings.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and SBE by this Agreement or otherwise.
All notices hereunder shall be provided by certified mail, postage prepaid and return receipt requested, to: Film, Stage & ShowBiz Expo LLC, 555 8th Avenue, Suite 1603, New York, NY 10018, and to an Attendee at the address listed in such Attendee’s registrant profile (if an address is provided) and by electronic mail (if we have such an email address for such Attendee). Notice shall be deemed given three (3) days after the date of the mailing or upon receipt by email.
GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF.
- Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New York, excluding New York’s choice-of-law principles, and all claims arising out of or relating to your use of the Website, your attendance at any Event, contacts between you and us, this Agreement and/or any other understanding or arrangement between you and SBE or any of the other SBE Parties, or the breach of any thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of New York, excluding New York’s choice-of-law principles.
- Arbitration; Legal Fees; No Jury Trial; NO CLASS CLAIMS. Any dispute with you or any person acting on your behalf (if applicable) which arises out of or is related to your use of the Website, your attendance at any Event, this Agreement, and/or any other understanding or arrangement between you and SBE or any of the other SBE Parties, including without limitation regarding any breach of this Agreement, any contacts between you and SBE (including, but not limited to, email, telephone calls, and text messages), or any other such other understanding or arrangement (the “Potential Claims”), shall be finally resolved by binding arbitration administered by a private professional arbitrator and the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. You and SBE are expressly waiving any rights to a jury trial pertaining to the Potential Claims. The arbitration will be conducted in the City of New York, State of New York, by an arbitrator with applicable industry expertise in the field of event management services, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and SBE, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and SBE and any decision rendered shall be deemed to be the confidential information of SBE and shall not be made public by you or any person acting on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail regarding a material part of its claim, then the initiating party shall pay the responding party’s costs and expenses, including but not limited to reasonable attorneys’ fees and costs as well as the costs for any counter claim asserted by the responding party. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or SBE may apply to any federal or state court sitting in the County and State of New York for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and SBE each submits to the exclusive jurisdiction of such courts for such purpose. You and SBE each expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum.
- Equitable Relief. You agree that it would be impossible or inadequate to measure and calculate SBE’s damages from any breach of certain of the representations, warranties or covenants made, or obligations undertaken, by you in this Agreement. Accordingly, you agree that SBE shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which SBE in its sole discretion believes will cause damage to any of the SBE Parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of SBE in connection with this Section 17.3 shall be in addition to, and not in limitation of, any other remedies to which SBE may be entitled under this Agreement or otherwise at law or in equity. If SBE prevails in any such proceeding, SBE shall have the right to recover from you the costs and expenses thereof, including without limitation for reasonable attorneys’ fees. For purpose of this Section 17.3, you agree to the personal and exclusive jurisdiction by and venue of any federal or state court sitting in the County and State of New York for SBE’s pursuit of such relief, without breach of the above arbitration provision, and you and SBE submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
TIMELY FILING OF CLAIMS;.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ATTENDANCE AT ANY EVENT, OR ANY CONTACTS BETWEEN SBE AND YOU (INCLUDING, BUT NOT LIMITED TO, TEXT MESSAGES, CALLS, OR EMAILS) OR OTHERWISE THIS AGREEMENT, MUST BE FILED BY YOU PURSUANT TO SECTION 17.2 ABOVE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
You shall not sell, assign or otherwise transfer any of your rights or obligations under this Agreement, without SBE’s prior written consent (to be provided or denied in our sole discretion). This Agreement may be automatically assigned by SBE, in our sole discretion, to a third party, and such an assignment shall inure to the benefit of such third party or otherwise to our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, joint venture, or any company under our common control, as well as with a potential acquirer, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII we have collected from you may be one of the assets so transferred.
If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of the other provisions of this Agreement, which shall remain in full force and effect, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law as it shall then appear. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or subsequent or similar breaches. If SBE does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which SBE has the benefit of exercising or enforcing under any applicable law), such non-exercise or non-enforcement shall not be taken to be a formal waiver of SBE’s rights or remedies, and all such rights or remedies shall still be available to SBE.
Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any such section. This Agreement and any additional applicable agreement between you and us sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of you and us.
If you have any questions or concerns regarding the Website or any of our Events, please contact us by e-mail: firstname.lastname@example.org or write to us at Film, Stage & ShowBiz Expo LLC, 555 8th Avenue, Suite 1603, New York, NY 10018.