General Website User and Attendee Terms & Conditions
SECTION 3.3 GOVERNS ANY COMMUNICATIONS YOU HAVE CONSENTED TO BY ENROLLING TO RECEIVE COMMUNICATIONS ON THE REGISTRATION PAGE FROM BLACK TRAVEL EXPO (AS DEFINED BELOW) AND ITS ADVERTISERS. AS PART OF SUCH ENROLLMENT TO RECEIVE COMMUNICATIONS, YOU AGREE THAT BLACK TRAVEL EXPO (AND ITS ADVERTISERS) MAY COMMUNICATE WITH YOU AT THE EMAIL ADDRESS OR PHONE NUMBERS THAT YOU PROVIDED. 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 BLACK TRAVEL EXPO WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THIS AGREEMENT ALSO GOVERNS THE RIGHTS OF BLACK TRAVEL EXPO (AS DEFINED BELOW) AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSEES TO CALL, TEXT MESSAGE, AND EMAIL ON BEHALF OF BLACK TRAVEL EXPO, BLACK TRAVEL EXPO’S ADVERTISERS AND OTHER THIRD PARTIES (See Section 3.3 below).
Welcome to www.blacktravelexpo.co (the “Website”), operated by Black Travel Expo, LLC, a Georgia limited liability company d/b/a Black Travel Expo and/or d/b/a The Black Travel Expo (“BLACK TRAVEL EXPO”, “we”, “our”, or “us”). The Website enables anonymous visitors to the Website (“Visitors”) to learn more about us and our Black Travel 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 BLACK TRAVEL EXPO in connection with any particular Event, including all pre-expo and post-expo activities and future BLACK TRAVEL EXPO’s virtual events accessible at blacktravelexpo.co, and applies to both Events held at Physical Venues (“Physical Events”) as well as to Events held at Virtual Venues (“Virtual Events”).
1.1 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 BLACK TRAVEL EXPO), 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 BLACK TRAVEL EXPO, 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.
1.2 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.
2.1 Attendee Registration. Attendees can register for Events online using the service provided by our third-party registration provider Square Space, Inc. (“Square Space”) 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. Attendees shall be responsible for their failure to safeguard such their registration information and/or to allow any other individual or entity to access or use the Website by using their registration. No registration, or any portion thereof, may be sold or otherwise transferred by an Attendee. Attendees shall notify BLACK TRAVEL EXPO in writing immediately of any unauthorized use of their registration or otherwise of the Website. Attendees and Visitors agree that BLACK TRAVEL EXPO shall not be liable for any loss that results from the unauthorized use of their registration, either with or without BLACK TRAVEL EXPO’s knowledge. You will need to check-in with us before each Event in our Registration Area. In the event of loss, we will print your pass on-site and provide you with a lanyard/clip and pass holder. We do recommend that you print and bring with you to the Event your registration confirmation for quick and expedited check-in.
2.2 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.
2.3 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.
2.4 Disabling or Revocation of Registration. We have the right to cancel your registration to an Event and/or access to your registration 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 registration, you may be prevented from accessing expo events.
2.5 No Transfer. Your registration to an Event and/or your right to use the Website through your registration is not transferrable to any other person. It is forbidden to transfer, and you are prohibited from transferring any pass, passes or any other credentials used for gaining admittance to an Event.
BLACK TRAVEL EXPO.
3.1 About the Events. The Events are travel consumer, business networking and trade show events which bring together travel consumer and business professionals such as the traveling public, travel business owners, CEOs, Presidents, CMOs, CFOs, DMOs, entrepreneurs and other travel business professionals. The Events feature numerous exciting and insightful travel business industry related panel discussions, workshops, networking events and breakout sessions. 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.
3.2 Dress Code. The dress code for Events is business casual.
3.3 SMS Text Messages; 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, 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 email blasts and text messages. 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, then you agree that we may use your PII to send emails and/or text messages, 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 email@example.com, 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.
3.4 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 BLACK TRAVEL EXPO 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, BLACK TRAVEL EXPO 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.
3.5 Event Traffic. Waiting lines to register for an Event or otherwise to enter an Event may be 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.
3.6 Passes. Each attendee will purchase certain “pass” options from us which enable Attendees to experience additional benefits, features or access at an Event, attendance at one of our “Networking” events, seating for workshops and for our main stage presentations.
3.7 Networking Event. At certain Events we may offer Attendees the opportunity to participate in our “Networking Event” activities on the day of each Event. Beer and/or wine (and in some cases liquor) will be offered for all Attendees who are of legal drinking age and who hold an expo pass. 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 passes 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 BLACK TRAVEL EXPO and each of the other BLACK TRAVEL EXPO Events, 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 Event” or other alcoholic beverage activities which occur in connection with any of the Events.
3.8 Email Blasts. Some Attendees who have selected such an option shall have the ability to submit 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 registration deadline for inclusion, and if such a deadline is missed BLACK TRAVEL EXPO shall not be liable in any way for the omitted submission and BLACK TRAVEL EXPO shall not offer such Attendee any refund or any additional opportunity to participate in another email blast.
3.9 Job Interviews. If offered at an Event, Attendees may register to participate in various job interviews at such Event. Attendees acknowledge and agree that BLACK TRAVEL EXPO merely provides a forum for such activities and that BLACK TRAVEL EXPO does not endorse and has no control over the parties conducting such interviews. Thus, BLACK TRAVEL EXPO 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.
3.10 Travel Entrepreneurial Panel. At some Events we may offer the ability for certain Attendees / Travel Related businesses to present their services or products to a selected panel of travel 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. BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO is not and cannot be responsible for the divulging of any proprietary or other sensitive information by Attendee or any other party.
3.11 Hotels. BLACK TRAVEL EXPO receives preferential rates for certain hotels it showcases on the Website, at an Event or in other communications to you. However, BLACK TRAVEL EXPO is not affiliated with and does not endorse any of these hotel options. Further, BLACK TRAVEL EXPO may receive a commission from some of the hotels it showcases.
3.12 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 BLACK TRAVEL EXPO 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, BLACK TRAVEL EXPO 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.
3.13 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.
3.14 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 BLACK TRAVEL EXPO 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.
3.16 Travel Business Education Center. BLACK TRAVEL EXPO 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 Travel Business Education Center. 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 BLACK TRAVEL EXPO) 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 BLACK TRAVEL EXPO) may contain errors, be incomplete, or be outdated. BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO.
3.17 Travel Giveaways. BLACK TRAVEL EXPO may operate travel giveaways from time to time at an Event or otherwise. Your participation in any such giveaways will be subject to any official rules or other governing agreement regulating participation in such giveaways which are posted at an Event or otherwise on the Website in connection with such giveaways. Exhibitors also may run their own giveaways or contests at an Event, and BLACK TRAVEL EXPO is not involved with, liable for, or responsible in any way for any such giveaways or contests.
3.18 Travel Awards Program. We may offer “The Black Travel Awards™” program at our Events, which is designed to recognize and celebrate travel industry leaders, experts, influencers, and businesses who have been selected by our team. This program currently offers over 10 categories of recognition. Any travel industry leader, expert, influencer, business, or entrepreneur who is eligible to use this Website is eligible to participate in this awards program, and BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO 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 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.
3.19 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 BLACK TRAVEL EXPO no less than sixty (60) days prior to such Event.
4.1 Purchases. Certain of our products or services, including those geared to Attendees, may be offered for sale by us through the Website, 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 BLACK TRAVEL EXPO or an authorized third party on BLACK TRAVEL EXPO’s behalf to supply certain of your PII, including without limitation, your full name, address, telephone number and credit card information. You shall provide BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO charges for a specific pass option, whereas the fees indicated as the “FEE” refers to registration processing fees charged by Square Space.
4.2 Payment. Your right to use any service or product that is available for purchase through the Website, 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 BLACK TRAVEL EXPO. You may pay any portion of the Fees by Visa, MasterCard, Discover or American Express credit cards. 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.
4.3 No Refunds; All Sales are Final; Waiver of Claims. Except for as expressly set forth in this Agreement, once an Attendee pass 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. BLACK TRAVEL EXPO has the right to cancel your registration to an Event or Events (and, if during an Event, BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO in BLACK TRAVEL EXPO’s sole discretion. If your registration to an Event is so cancelled by BLACK TRAVEL EXPO 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, BLACK TRAVEL EXPO cancels an Event not due to the act or omission of a third party, BLACK TRAVEL EXPO shall provide you with a full refund of the Fees applicable to such cancellation, minus a registration processing charge of twenty percent (10%) of such Fees. However, BLACK TRAVEL EXPO 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.
4.4 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 BLACK TRAVEL EXPO or any person acting on behalf of BLACK TRAVEL EXPO, 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. BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO does not guarantee the accurateness, validity, effectiveness or use of any such products or services. You hereby release BLACK TRAVEL EXPO and each of our members, BLACK TRAVEL EXPO, directors, officers, agents, representatives, employees and other personnel (collectively, the “BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO, 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.
2. INTELLECTUAL PROPERTY.
6.1 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 BLACK TRAVEL EXPO (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 BLACK TRAVEL EXPO, 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 BLACK TRAVEL EXPO, 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 BLACK TRAVEL EXPO and, where applicable, our licensors, except for as provided in Section 8 hereof.
6.2 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 BLACK TRAVEL EXPO actual knowledge of facts or circumstances from which infringing material or acts are evident.
We suggest that you consult your legal advisor before filing a notice with BLACK TRAVEL EXPO’s copyright agent. You should note that there can be penalties for false claims under the DMCA. BLACK TRAVEL EXPO will, in appropriate circumstances and to the extent plausible, terminate the registration of an Attendee who infringes the rights of copyright holders.
6.3 Trademarks. All Trademarks appearing on the Website are the property of their respective owners. BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO and/or any Event.
LICENSE. 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 BLACK TRAVEL EXPO 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:
10.1 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 BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO 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.
10.2 NO RELIANCE ON INFORMATION OR INTERACTIONS. WITHOUT LIMITING ANY OF THE FOREGOING, NO INFORMATION OBTAINED FROM BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO 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).
10.3 YOUR SOLE LIABILITY; RELEASE. NONE OF THE BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO 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.
11.1 LIMITED LIABILITY AND DAMAGES. IN NO EVENT SHALL ANY OF THE BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 CAP ON LIABILITY. IN NO EVENT SHALL THE BLACK TRAVEL EXPO 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).
11.3 EXCEPTIONS. THE LIMITATIONS ON THE LIABILITY OF ALL OF THE BLACK TRAVEL EXPO PARTIES IN THIS SECTION 11 SHALL APPLY WHETHER OR NOT ANY OF THE BLACK TRAVEL EXPO 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.
INDEMNITY. Notwithstanding anything to the contrary in this Agreement, you hereby agree to indemnify, defend and hold each of the BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO (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 BLACK TRAVEL EXPO Party, such BLACK TRAVEL EXPO Party shall endeavor to reasonably cooperate with you and shall at all times have the right fully to participate in such BLACK TRAVEL EXPO Party’s defense with such BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO Parties or which contains any admission or acknowledgment of wrongdoing (whether in tort or otherwise) without each such BLACK TRAVEL EXPO Party’s prior written consent.
THIRD PARTIES. 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 BLACK TRAVEL EXPO 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. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between you and BLACK TRAVEL EXPO by this Agreement or otherwise.
GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF.
17.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Georgia, excluding Georgia’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 BLACK TRAVEL EXPO or any of the other BLACK TRAVEL EXPO 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 Georgia, excluding Georgia’s choice-of-law principles.
17.2 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 BLACK TRAVEL EXPO or any of the other BLACK TRAVEL EXPO Parties, including without limitation regarding any breach of this Agreement, any contacts between you and BLACK TRAVEL EXPO (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 BLACK TRAVEL EXPO are expressly waiving any rights to a jury trial pertaining to the Potential Claims. The arbitration will be conducted in the State of Georgia, 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 BLACK TRAVEL EXPO, 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 BLACK TRAVEL EXPO and any decision rendered shall be deemed to be the confidential information of BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO may apply to any federal or state court sitting in the County and State of Georgia for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and BLACK TRAVEL EXPO each submits to the exclusive jurisdiction of such courts for such purpose. You and BLACK TRAVEL EXPO each expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum.
17.3 Equitable Relief. You agree that it would be impossible or inadequate to measure and calculate BLACK TRAVEL EXPO’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 BLACK TRAVEL EXPO shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which BLACK TRAVEL EXPO in its sole discretion believes will cause damage to any of the BLACK TRAVEL EXPO Parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of BLACK TRAVEL EXPO in connection with this Section 17.3 shall be in addition to, and not in limitation of, any other remedies to which BLACK TRAVEL EXPO may be entitled under this Agreement or otherwise at law or in equity. If BLACK TRAVEL EXPO prevails in any such proceeding, BLACK TRAVEL EXPO 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 Georgia for BLACK TRAVEL EXPO’s pursuit of such relief, without breach of the above arbitration provision, and you and BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO 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.
ASSIGNMENT. You shall not sell, assign, or otherwise transfer any of your rights or obligations under this Agreement, without BLACK TRAVEL EXPO’s prior written consent (to be provided or denied in our sole discretion). This Agreement may be automatically assigned by BLACK TRAVEL EXPO, 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.
VALIDITY; WAIVER. 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 BLACK TRAVEL EXPO does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which BLACK TRAVEL EXPO 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 BLACK TRAVEL EXPO’s rights or remedies, and all such rights or remedies shall still be available to BLACK TRAVEL EXPO.
GENERAL. 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 set 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.
CONTACT 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.