Terms & Conditions of Attendance and Participation
These Terms and Conditions of Attendance and Participation (the “Agreement”) govern the terms of your attendance at and/or participation in the Gradle, Inc. (together with its affiliates, “Gradle” or the “Company”) Developer Productivity Engineering Summit on November 2nd and November 3rd 2022 (the “Event”).
By registering for the Event, you are agreeing to these terms, which form a legal contract between Gradle, and the registered attendee and/or participant (“you” or “Attendee”). If Attendee is registering on behalf of another, it is Attendee’s responsibility to ensure that the person attending is aware of these terms and accepts them, and by completing the registration, Attendee is warranting that Attendee has made the actual participant of the Event aware of these terms and that they have accepted these terms. This Agreement shall apply to all Event participants, including attendees, speakers, sponsors, moderators and exhibitors.
- Attendee’s registration and payment of the attendance fee (the “Fee”) for the Event entitles Attendee to admittance to the Event. Any and all other costs associated with attendance (including without limitation any travel and/or accommodation expenses) shall be borne solely by Attendee and Gradle shall have no liability for such costs.
- Attendee acknowledges and agrees that Gradle, in its sole discretion and at any time, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue and time.
- Each Attendee must have their own registration. Badges are not to be shared
- Admission restricted to persons 18 years and over. Persons under the age of 18 will not be permitted onsite. Gradle reserves the right to decline the registration of any Event applicant.
- The payment of the applicable Fee for the Event is due upon registration. If such payment is insufficient or declined for any reason, Gradle may refuse to admit Attendee to the Event and shall have no liability for such refusal.
- The Fee may be subject to sales tax, value added tax, or any other taxes and duties which, if applicable, will be charged to you in addition to the fee(s).
- Only one Attendee shall be admitted for each individual registration, however Attendee may register and purchase tickets for multiple Attendees at any given time. Attendee must keep registration information up to date.
Substitution and Cancellation Policy.
- All sales are final and no refunds or credit of the Fee shall be issued for Attendee’s failure to appear at the Event, cancellations, substitutions, or for any other reason. In the event of any postponement, cancellation or relocation of the Event, Attendee shall receive a credit towards or substitute registration for the rescheduled Event. If the cancelled Event is not rescheduled, Attendee shall receive a refund of the Fees paid, after deducting any expenses Gradle may have incurred that are attributable to Attendee.
- Gradle does not authorize refunds for any cancellations or “no shows”. After registering for the Event, if Attendee cancels its registration, then Attendee shall forfeit any Fees paid; however, Attendee substitutions (subject to availability) may be arranged at Gradle’s sole discretion.
- Gradle may disclose your personal data to third party service providers engaged by Gradle to assist in the administration of the Event. In the event Attendee is located in the European Union, an international transfer of data may take place. Information you provide when registering for or participating in an event managed or co-sponsored by parties other than or in addition to Gradle may be shared with those parties, and the treatment of such information is further subject to the privacy policies of those parties. Except as described herein, Gradle will not disclose your personal data to any other third party without your consent except where required to do so by law.
- You have the right to access, rectify, delete and oppose access to your personal data. You may exercise this right by contacting us at [email protected].
- All intellectual property rights in and to the Event, the Event content and all materials distributed at or in connection with the Event are owned by Gradle and/or the Event speakers or companies presenting at the Event. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including without limitation the Event brand or other trade names appearing at the Event), any Event content and/or any materials distributed at or in connection with the Event for any reason without the prior written permission of Gradle. For the avoidance of doubt, nothing in this Agreement (i) 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 by Gradle or any of its affiliates or (ii) grant to you any right or license to any other intellectual property rights of Gradle or its affiliates, all of which shall at all times remain the exclusive property of Gradle and its respective affiliates.
Warranties and Limitation of Liability.
- Gradle provides no warranties in respect of any aspect of the Event or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness and merchantability. Neither Gradle nor its affiliates accepts any responsibility or liability for reliance by Attendee or any person on any aspect of the Event and/or any information provided at the Event.
- Other than to the extent required as a matter of law, neither Gradle nor its affiliates shall be liable for any direct, indirect, special, punitive, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event or other aspect related thereto or in connection with this Agreement.
- The maximum aggregate liability of Gradle for any claim related to or arising out of the Event or this Agreement, whether in contract, tort or otherwise (including any negligent act or omission) shall be limited to the Fee paid by Attendee to Gradle under this Agreement to attend the Event.
Event Changes and Cancellation.
- Attendee acknowledges and agrees that Gradle may, in its sole and unfettered discretion and at any time, without liability to Attendee, (i) change any and all aspects of the Event, including but not limited to (a) the Event name, themes, content, program, speakers, performers, hosts, moderators, conference sessions, exhibits or exhibitors; (b) the layout of the Event, the venue and/or location of the Event, and the date and time of the Event; and (ii) cancel the Event, in whole or in part, due to an event of force majeure, or for other good cause.
- Attendee shall indemnify, defend, and hold harmless Gradle and its officers, directors, employees, agents, successors, and assigns from and against all any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees resulting from any third party action arising out of (i) any act or omission, or the negligence or willful misconduct of, Attendee or its officers, agents, employees, contractors, or other representatives; (ii) or any breach of any representation, warranty, covenant, or obligation of Attendee under this Agreement.
- In the event that (i) the venue or facility in which the Event is to be held or is held is destroyed or becomes unavailable for occupancy or (ii) Gradle is unable to permit any attendees to occupy the venue or the facility, or (iii) if the Event is cancelled or curtailed, for any reasons beyond the reasonable control of Gradle, including but not limited to, casualty, explosion, fire, lightning, flood, weather, epidemic, pandemic, earthquake or other Acts of God, acts of public enemies, riots or civil disturbances, strike, lockout or boycott, Gradle shall not be liable or responsible to Attendee, or be deemed to have defaulted under or breached this Agreement.
Code of Conduct.
- Gradle is committed to hosting the Event in a safe, productive and welcoming environment. During the Event and at other subevents related to the Event, Attendee agrees to abide by the Developer Productivity Engineering Summit Code of Conduct, available at http://dpesummit.com/code-of-conduct/ (the “Code of Conduct”). Attendee acknowledges and agrees that Gradle reserves the right to remove Attendee from the Event if Gradle, in its sole discretion, considers Attendee’s presence and/or behavior to create a disruption or to hinder the Event and/or the enjoyment of the Event by other attendees or speakers, or if Gradle, in its sole discretion, has determined that Attendee has violated the Code of Conduct.
Liability Waiver and Release.
- In consideration of being allowed to register for, and participate in the event, Attendee hereby warrants and represents that he/she/they are of 18 years of age and, except as otherwise prohibited or required by applicable law, freely waives, releases from liability, assumes all risks, and covenants not to sue Gradle or its representatives, agents, employees, officers, directors, or volunteers for any expense, loss, damage, personal injury, including loss of life, disability, property damage, or property theft or actions of any kind that Attendee may hereafter suffer or sustain before, during, or after the Event, unless said expense, loss, damage, personal injury, including loss of life, disability, property damage or property theft or actions of any kind is caused by the sole, willful misconduct of Gradle. This liability waiver and release set forth in this Section 11.1 of this Agreement is knowingly given and specifically binding upon Attendee’s heirs and assigns.
- Attendee understands that any of Attendee’s personal property present at the Event is there at Attendee’s own expense and risk. Gradle does not take any responsibility for the security or insurance of Attendee’s property. Attendee shall be liable for, and must take out adequate insurance against any and all loss or damage of any nature, caused by Attendee’s acts or omissions or otherwise.
Use of Photographs and Videos.
- In general audio, image, and video recording is permitted at the event. To comply with global data privacy laws, Gradle may impose certain restrictions on the use of multimedia at its events (e.g. photography, video, audio, online streaming, and all future mediums). Attendee is permitted to use hand-held cameras and/or smart phones to take photographs and capture digital images for personal, non-commercial use, provided the photography is not disruptive. Photographs may not be published, sold, reproduced, transmitted, distributed or otherwise commercially exploited in any manner whatsoever.
- During the Event, the Gradle and its Event partners may take photos and video recordings. By attending the Event Attendee acknowledges and agrees to grant Gradle and its Event partners the right to record, film, photograph or capture Attendee’s likeness in any media now available and hereafter developed and to distribute, broadcast, exploit, use or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to Attendee. This grant to Gradle and its Event partners includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use and/or disseminate the media.
- Gradle may hire professional service providers to document and display the event experience in film, photography, audio recordings and other mediums. Gradle may also use social media (e.g. Instagram, Twitter, LinkedIn) to: (i) post real-time photos and videos to its social media feeds; and (ii) display select submissions from those feeds on monitors throughout the event venue. Attendees and sponsors are encouraged to capture their event experiences and post their own social content from the event (text, photos, audio, video, streaming), provided it does not infringe upon the rights of any Attendee, sponsor, third party, or Gradle. Such infringement would include, but is not limited to, defamation or infringement of intellectual property rights. In the event an attendee requires a release or permission to protect the rights of a third party, obtaining such a release or permission shall be the sole responsibility of the attendee.
- By attending the event, you acknowledge and agree as follows: (a) Gradle and its Event partners may edit and use footage it captures at the event for marketing and promotional activities and for any other lawful purpose in the ordinary course of business; and (b) due to the prevalence of mobile recording devices in today’s world, Gradle and its Event partners disclaim all liability for the capture of your image in any multimedia format by other attendees at the event.
- This Agreement, and any claim brought by either party arising from or related to this Agreement, shall be governed exclusively by the internal laws of the State of California, without reference to such State’s principles of conflicts of law, the 1980 United Nations Conventions on Contracts for the International Sale of Goods, or other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of California.
- Gradle reserves the right to unilaterally change, amend, or add or remove any of the terms of the Agreement in its sole discretion and without prior notice. If any term or provision of this Agreement is declared invalid, illegal or unenforceable, all remaining provisions will continue in full force and effect.
- This Agreement constitutes the entire agreement between Attendee and Gradle regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between Attendee and Gradle, whether written or verbal, regarding the subject matter of this Agreement. The parties shall not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement).