Advertising Week: Terms and Conditions
Welcome to the Advertising Week Websites and Apps
(www.advertisingweek.com, newyork.advertisingweek.com, europe.advertisingweek.com,
asia.advertisingweek.com, latam.advertisingweek.com, apac.advertisingweek.com,
japac.advertisingweek.com) (collectively, the “Website”) operated by or on behalf of Advertising Week, located at 212 West 35th Street, Floor 6, New York, NY 10001 (“Advertising Week”, “AW”, “we”, “our”, or “us”). The Website is intended to enable visitors to the Website (“you” or “your”) to view and learn about us. The Website is accessible via a computer, laptop, mobile tablet, or mobile phone and via the Apps associated with each Advertising Week event (each, an “Event”).
“App” means any third-party application downloadable through “Google Play” or Apple’s “App Store” or any other venue or facility (including any updates/upgrades to that app). When the word “Website” is used herein it expressly includes each and every App.
The Advertising Week App facilitates the transmission of a list of installed apps on your device to a third party’s server, namely, one or more of the following systems and entities managing those systems: Document Management System, Email System, Disaster Recovery Repositories, Contact Management System, Registration System, Invoicing System, Electronically Stored Information Platforms, Phone System, or Calendaring systems. These systems are also used directly by Advertising Week. This information may be used to provide you with advertisements, promotions or information that are better suited to your interests or updates regarding the Advertising Week Events for which you have registered. If you do not agree to the transmission of a list of your installed Apps to a third party, please do not install the App. If you do not agree to Advertising Week’s use of these third-party systems, please update your Account Preferences accordingly.
2. User Accounts. 2.1 User Registrations; Accurate Information. In order to make use of certain functionality on the Website and/or purchase our products, you may need to create a user account on the Website (“Account”). You agree to provide us with accurate, complete and current information at all times with respect to your Account.
2.2 User ID; Password. Website users who create an Account will obtain a user ID and password (“Profile”). You agree not to allow any third party to use your Profile to access the Website and to safeguard the information that would allow another person or entity to access the Website by using your Account of Profile. You agree to be responsible for your failure to safeguard such information and/or to allow any other person or entity to access the Website by using your Profile or otherwise by using your Account. No part of a Profile or Account may be transferred or sold to another party by you. You agree to notify AW immediately in writing of any unauthorized use of your Profile, Account or the Website. You agree that AW shall not be liable for any loss or damages that result from the unauthorized use of your Profile or Account, either with or without such your knowledge.
2.3 Revocation of User Accounts or Profiles. You agree that AW has the right to cancel your Account and/or revoke your Profile for any reason at any time, in our sole discretion, and you agree that AW shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.?
3.1 Ownership. All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), whether or not in the form of Digital Content (defined below), is the property of AW, its affiliates and/or their respective licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Website is strictly prohibited, however, you may print copies of any Content or portion thereof contained on the Website for your personal use only. If you use material appearing on the Website in breach of this Agreement, you may be liable for infringement, misappropriation or other damages pursuant to additional causes of action to the fullest extent of the law. “Digital Content” means digitized electronic content, such as books, newspapers, magazines, journals, music, videos, Apps, blogs, RSS feeds, games, and other static and interactive electronic content.
3.2 Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include per Section 512(c)(3), substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Robert B. Lachenauer, Esq.
Mintz & Gold LLP
600 Third Avenue, 25th Floor
New York, New York 10016
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright or the copyrights of others, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
3.3 Counter-Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service of process from the person (or an agent of that person) who provided the Website with the complaint at issue.
Our designated agent to receive Counter-Notices is listed above.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
3.4 Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
4. Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website constitute intellectual property of, and are trademarks of, AW or its licensors, sponsors, partners or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits us.
5.2 Payment. Your right to any product that is available for purchase through the Website is conditioned upon our receipt of the appropriate payment for such product. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order and/or suspend or terminate your Account.
5.3 Risk of Loss. You acknowledge and agree that your sole remedy for failures, delays or interruptions with respect to the ordering of and delivery of products ordered by you through the Website is limited to a refund of amounts paid by you for such products, in AW’s sole discretion. All products ordered through the Website are acquired by you “as is” and “where is”, without any warranty whatsoever, express or implied.
5.4 Product Descriptions. We attempt to be as accurate as possible in describing products (including pricing) offered for purchase through the Website; however, we do not warrant that all such descriptions are complete, accurate, current or error-free.
5.5 Admission to Event Venues
?Seating is not guaranteed. Seating operates on a first come, first served basis. All venues are seated “General Admission” unless otherwise noted. Venues may have pre-reserved seats and sections unavailable for “General Admission” seating, at our sole discretion.
5.6 Event Passes
There will be no entry to or access at Advertising Week Events without your pass or per Event ticket.
Event Passes and tickets will be delivered using the “print-at-home” option. You must bring a copy of the PDF pass(es)/ticket(s) to the Event. Note: when you purchase tickets online, you also will receive an electronic receipt but this is not your print-at-home pass(es). Your pass(es) are a PDF download or attachment which contain a unique barcode. If you do not print your event pass in advance but choose to pick up your pass(es) in person, you may pick them up at any time at any official Advertising Week Registration station at the applicable Event during regular business hours (visit www.advertisingweek.com for map and business hours).
5.7 Fulfillment Fees
Each order is subject to a per Event pass fulfillment fee. All fees are per attendee Event pass, and are non-refundable.
5.8 Disclaimer and Release
Holders of Event passes and Event tickets (“Holders”) grant to Advertising Week, its licensees, assignees and designees the absolute irrevocable right and permission in perpetuity to photograph, film, videotape, record and utilize, use, incorporate, broadcast, distribute, re-use, publish, re-publish, alter and/or edit, in any media, live or recorded, now known or hereafter devised, throughout the world, the Event pass or ticket Holder’s image, likeness, actions and gestures while at the Event. Each Holder waives the right to inspect or approve the use of the image, likeness, actions and gestures. Each Holder voluntarily assumes all risks and liabilities incidental to the Event for which the pass and/or ticket is issued, whether occurring prior to, during or after the same at the Event and any other related event. Each Holder voluntarily agrees that the facility, Advertising Week, and all of their respective agents, officers, directors, owners and employees are expressly released by Holder from any claims arising from the Event, and none of the foregoing persons or entities shall have any liability to any Holder for any such claims whatsoever.
6. Links. AW and/or third parties may provide links on the Website to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such other websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites, or the collection, protection, processing or safeguarding of any personal information you may provide to such other websites. You also acknowledge and agree that AW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
7. DISCLAIMER OF WARRANTIES.
7.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. AW DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE, OR (ii) GENERALLY AS TO THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. AW IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU “AS IS” AND AW MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, AW DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
7.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL AW BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE WEBSITE, YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. AW DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
8. LIMITATION OF LIABILITY.
8.1 IN NO EVENT SHALL AW BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR RELIANCE (FORESEEABLE OR UNFORSEEABLE) ON CONTENT OBTAINED THROUGH THE WEBSITE OR YOUR CONDUCT, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF AW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AW’S OR ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT IS LIMITED TO $1,000 IN THE AGGREGATE.
8.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 7 OR 8 HEREOF MAY NOT APPLY TO YOU BASED UPON YOUR GEOGRAPHIC LOCATION.
9. Indemnification. You agree to indemnify, defend and hold AW and its related entities and affiliates harmless from any claim, loss, damages, expense or demand, including, without limitation reasonable attorneys’ fees, investigative costs and other professional fees, made or asserted by any third party or incurred due to or arising out of your breach or purported breach of this Agreement, or your violation of any law or the rights of any third party.
10. Commercial Use. Aside from purchases made by you through the Website, you acknowledge and agree that the Website may not be used by you directly or indirectly in connection with any commercial endeavors.
12. Governing Law. You acknowledge and agree that this Agreement and your use of the Website shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction. You hereby submit to the exclusive jurisdiction of the federal and state courts located in New York, New York. You agree to receive service of process through certified mail or by any other means sanctioned by law, and you expressly waive any claim of improper venue, lack of personal or subject matter jurisdiction and any claim that such courts are an inconvenient forum.
13. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by AW, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Website, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
14. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at email@example.com or write to us at Adverting Week, 212 West 35th Street, Floor 6, New York, NY 10001, Attention: Website Coordinator.
Last Update: May, 2020