Terms of Service for Events
These Terms of Service for Events (these "Terms") shall govern your ("You" or "Your" or "Yourself") attendance of or participation in, any online events and webinars hosted or organized by Prodalim Group ("We" or "Us" or "Prodalim") (each, as applicable, an “Event”). By attending or participating in an Event You agree to be bound by these Terms.
You agree that We may change any part of an Event, including its content, at any time or discontinue an Event or any part thereof, for any reason, without notice to You and without liability. You declare that by acceptance of these Terms and/or by attending or participating in an Event, You are of legal age to form a binding contract with Prodalim. If You are agreeing to be bound by these Terms on behalf of Your employer or other person or entity or are otherwise attending or participating in an Event on behalf of Your employer or other person or entity, You represent and warrant that You have full legal authority to attend or participate in the applicable Event on behalf of Your employer or such person or entity (as applicable) and to bind Your employer or such person or entity (as applicable) to Your actions and to these Terms and in such case each reference to "You" or "Your" or "Yourself" in these Terms will also include Your employer or other person or entity, as applicable. If, (i) You do not have the requisite authority, You may not accept these Terms or attend or participate in any Event on behalf of Your employer or other person or entity, as applicable; and (ii) at some point You do not/cease to have the requisite authority to bind Your employer or other person or entity, as applicable, to Your actions, then immediately thereafter You shall notify Prodalim in writing and You may not (and must refrain from any) further attend or participate in any Event on behalf of Your employer or other person or entity, as applicable. You may not attend or participate in any Event and may not accept these Terms if You are a person barred from attending or participating in Events under the laws of the country in which You are a resident or from which You attend or participate in the applicable Events.
We may, in our sole discretion, at any time without notice, (i) refuse to allow the attendance of or participation in any Event (in whole or in part) to any person or entity; (ii) refuse to approve and/or cancel or terminate any Event registration (in whole or in part) of any person or entity; (iii) bar any person or entity from attending and participating in all or any part of any Event (or any or all other Events), and refuse to provide any person or entity with access to Events Materials (as defined below), in whole or in part; (iv) change (in whole or in part) any Event and/or any Event’s program, including, without limitation, its content; and/or (v) limit the number of Event attendees and participants.
We may as well, at any time without notice and in our sole discretion, terminate Your right to attend or participate in any Event, or any portion thereof, and block or prevent Your future attendance of or participation in any Event or any portion thereof.
If You violate these Terms, Prodalim reserves the right to issue You a warning regarding the violation or to immediately terminate or suspend Your attendance of and/or participation in any Event or any portion thereof. You agree that Prodalim does not need to provide You with a notice before terminating or suspending Your attendance of and/or participation in an Event or any portion thereof, but it may provide such notice in its sole discretion.
It is Your responsibility to ensure Your computer or mobile device meets all the necessary technical specifications to enable You to attend and participate in the Event. Prodalim does not provide You with the equipment to attend and participate in any Event. You are responsible for all fees charged by third parties related to Your attendance of and participation in an Event (e.g., charges by internet service providers or air time charges). Your attendance of and participation in any Event are subject to (i) these Terms;
(ii) any additional terms posted during, via and/or on the applicable Event; and (iii) any additional terms You agree to in connection with the applicable Event and/or the attendance of and participation in the applicable Event and/or the applicable Event registration.
You are exclusively responsible for maintaining the confidentiality of Your username, screen name, password, account and/or Event registration information which are personal and You are fully and exclusively responsible for all activities that occur under Your name, username, screen name, password, account or Event registration. Only You may attend and participate in the applicable Event and You may not share or distribute to a third party any username, screen name, password or Event registration information for attending or participating in any Event. Prodalim may permit You to transfer Your registration of certain Events to another person, corporation, partnership or other entity with which You are associated, at Prodalim’s discretion, subject to its applicable transfer and cancellation policies, as may be amended from time to time. Each transfer or cancellation request for an applicable Event must be submitted in writing through [email protected] and will be processed based on the time and date that the request was submitted. No refund or credit for a registration cancellation will be issued if You fail to submit a cancellation request in accordance with these requirements. For clarity, failure to check in at an Event does not constitute cancellation, and will not give rise to a refund or a credit. Session enrollments, trainings and certifications are not transferable.
Events are subject to change at any time, without notice. Prodalim does not guarantee the attendance of any third party (including, without limitation, any exhibitor or speaker), or that any scheduled session, keynote or other activity will take place.
Prodalim reserves the right, including without prior notice, to make any change to an Event program at any time for any reason (including, without limitation, modification of the schedule or content of, or cancellation of, any session, keynote or other activity). Prodalim is not responsible for, and no reimbursement will be issued in the event of, any change to an Event (including, without limitation, modification of the overall Event program, or the schedule or content of, or cancellation of, any session, keynote or other activity).
You agree that any content published or shared by You (or anyone on Your behalf) through, during or in connection with any Event or in connection with Your attendance of and/or participation in Events is done so through the use of technology and tools provided by Prodalim. You agree that You are publishing and sharing such content willingly and You represent that You own such content or have received the necessary authorizations from third parties, that You have all rights to publish and share said content and that publishing and sharing of the content by You complies with all applicable laws. You grant Prodalim the right to act as an agent on Your behalf as the Event's operator.
Prodalim does not claim ownership of any videos, data, text, graphics, photographs, or any other content, and their selection and arrangement, provided or shared by any user in connection with such user's attendance of and/or participation in an applicable Event (collectively, the "User Content"). However, by sending and/or creating and/or sharing and/or uploading and/or publishing User Content and/or attending or participating in an applicable Event You automatically grant Prodalim a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter, including for the avoidance of doubt commercial, non-commercial and/or promotional use by Prodalim. Prodalim may retain any raw material that You submit, and make internal use of such material including for testing purposes. You hereby agree that any of Prodalim's users may view and use the User Content.
Prodalim may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted during or via any Event. By attending or participating in an applicable Event You acknowledge and accept that You may be exposed to material You find offensive or objectionable. To the maximum extent permitted by law, You agree that Prodalim will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content or any loss or damage to User Content.
Prodalim reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from any Event with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Prodalim shall at no time be responsible or held liable for the presence, removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
You represent and warrant that You have full right and legal authority to attend and participate in the applicable Event and to be bound by these Terms. You agree that You will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern Your attendance of or participation in an applicable Event and/or the transmission of technical data exported from the country in which You reside. Without limiting the foregoing and in recognition of the global nature of the internet, You agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that You shall not defraud, or attempt to defraud, Prodalim or other users, and that You shall not act in bad faith in Your attendance of and participation in an applicable Event. If Prodalim determines that You have acted in bad faith and/or in violation of these Terms, or if Prodalim determines that Your actions fall outside of reasonable community standards, Prodalim may, at its sole discretion, prohibit You from attending and/or participating in any Event or any portion thereof. You agree that Your attendance of and participation in any Event shall be lawful and that You will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, You agree that You shall not:
If You are a government employee or official, You must identify Yourself as such during the registration process for an Event.
If You are a government employee or official and You are offered free or discounted attendance of or participation at an Event, You must disclose Your attendance of the Event to Your employing government agency in advance, and obtain such agency’s permission for You to accept free or discounted attendance of such Event. You must also confirm Your compliance with the foregoing upon request by Prodalim.
If You are a government employee or official, You must also comply, for the entire duration of the applicable Event, with all applicable rules and regulations imposed by Your employing agency, including, without limitation, those rules and regulations relating to the acceptance and disclosure of gifts and gratuities.
Without derogating from any other terms herein, Prodalim and/or its parent companies, subsidiaries and affiliates retain all rights in any Events materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, "Events Materials"). The entire contents of any Event are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall You cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for attending and participating in the applicable Event pursuant to these Terms or otherwise exploit any of the Events Materials without Prodalim's explicit, prior written consent. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Prodalim. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in severe civil and criminal penalties.
Prodalim's and/or its licensors, parent companies, subsidiaries and affiliates own all right, title, and interest, including, without limitation, copyrights and other intellectual property rights, in and to all the Events Materials. You hereby acknowledge that You do not acquire any ownership rights by attending or participating in an applicable Event or by accessing any of the Events Materials, or rights to any derivative works thereof.
You are not required to provide Prodalim with any feedback or suggestions regarding any Event or any of the Events Materials. However, should You provide Prodalim with comments or suggestions for the modification, correction, improvement or enhancement of any Event and/or any of the Events Materials, then, subject to the terms and conditions of these Terms, You hereby grant Prodalim a non-exclusive, irrevocable, perpetual, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Prodalim chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Prodalim's and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media Prodalim chooses, but without reference to the source of such comments or suggestions.
Prodalim (and/or others on behalf of Prodalim) may be photographing, recording (both audio and video), webcasting, podcasting or otherwise transmitting during any or all of an Event (including at the Event venue during an Event session, keynote or other activity). Your image, likeness, voice, statements and other identifying characteristics (each, an "Image") may be captured in photographs, recordings (both audio and video), webcasts, podcasts, or other transmissions of the Event (each, a "Recording").
You hereby grant to Prodalim a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to You or any third party, to reproduce, distribute, perform and display (publicly or otherwise, create derivative works of, adapt, modify and otherwise use, analyze and exploit Recordings (including Your Images therein), in whole or in part, in any format or media now known or hereafter developed, and for any purpose (including for promotional purposes, such as (but not limited to) testimonials).
Prodalim exclusively owns all right, title and interest (including intellectual property rights) in and to the Recordings (including Your Images therein), all modifications and derivatives of Recordings (including Your Images therein), and all proceeds derived therefrom. Prodalim has no obligation to share any such proceeds with You.
You hereby irrevocably waive any right You may have to inspect or approve the use or other exploitation of any Recording (including your Images therein) or any reproductions thereof, and You agree that Prodalim has no obligation to use any Recording (including any of Your Images) or otherwise exercise any of the rights granted to Prodalim with respect to any Recording (including any of Your Images).
Your Images may appear in Recordings made available to the public, and third parties may retain, use or distribute such Recordings. Once made available to the public, Prodalim has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of Recordings (including Your Images therein).
In connection with the use or other exploitation of Recordings (including Your Images), You hereby irrevocably waive and release any and all claims with respect to intellectual property, rights of publicity, rights of privacy, and any other claims or damages with respect to such use or other exploitation. You affirm that You are of legal age and have read the foregoing release and fully understand its contents.
Prodalim may make or present forward-looking statements regarding its future events or future financial performance, or future events or future financial performance of its affiliated companies or partners. Words such as "expects","goals", "plans", "believes", "continues", "may", and variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, anticipated growth and trends in Prodalim businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on Prodalim’s current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially.
Event fees and other charges may apply to Your attendance of or participation in any Event, or may otherwise be incurred by You in connection with an Event. If payment of any fees or charges is required, You may be asked to supply certain relevant information, such as Your credit card number and its expiration date, Your billing address and Your shipping information. You represent and warrant that You have the right to use any credit card for which You provide any credit card information in connection with a payment transaction. By submitting such information, You grant to Prodalim the right to provide such information to third parties for purposes of facilitating payment transactions. Verification of information may be required prior to the acknowledgment or completion of any payment transaction. You will pay all fees and charges incurred by You or on Your behalf in connection with an Event, at the prices in effect and disclosed to You when such fees or charges are incurred. In addition, You are responsible for any taxes applicable to Your payment transactions.
Prodalim reserves the right, including without prior notice, to cancel, terminate or impose conditions on the honoring of any coupon, discount or similar promotion. Any refunds for Prodalim’s cancellation of an Event will be subject to Prodalim’s applicable refund policies. Payments made for one Event may not be applied toward the purchase of any other Event, product or services. While it is Prodalim’s practice to confirm Event-related payment transactions by e-mail, the receipt of an e-mail confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service.
You acknowledge and agree that Your attendance of and participation in any Event or any related activities is completely voluntary and shall be at Your sole risk. Prodalim does not guarantee admittance to all or any part of any Event (including any session, keynote or other activity). Unless specified otherwise by Prodalim, all event sessions, keynotes or other activities, if applicable, are seated on a first-come, first-served basis. The Events and any materials and/or information provided therein are provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions made by You in reliance on any Event (or any related activities) and/or any materials and/or information provided therein. To the fullest extent permitted by law, Prodalim, its officers, directors, employees, consultants, shareholders, representatives and agents disclaim all warranties, explicit or implied, in connection with the Events and any materials and/or information provided therein, and Your attendance of and participation in any Event, including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
You agree that Your attendance of and participation in any Event or any related activities shall be at Your sole risk. To the fullest extent permitted by law, Prodalim, its officers, directors, employees, consultants, shareholders, representatives and agents disclaim all warranties, explicit or implied, in connection with the Events and Your attendance of and participation in any Event, including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Prodalim makes no warranties or representations about the accuracy or completeness of the content of any Event, of the content of any sites linked to any Event, of any Third Party Materials (as defined below) and assumes no liability or responsibility for any:
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL PRODALIM, ITS OFFICERS, DIRECTORS, CONSULTANTS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY LOST TIME, LOST MONEY, LOST DATA, LOST PROFITS OR GOOD WILL ARISING FROM YOUR ATTENDANCE OF OR PARTICIPATION IN AN EVENT, AN EVENT OR OTHER MATERIALS PROVIDED OR SHARED DURING OR VIA ANY EVENT AND/OR IN CONNECTION WITH ANY EVENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRODALIM HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PRODALIM SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. PRODALIM'S (TOGETHER WITH ITS OFFICERS, DIRECTORS, CONSULTANTS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, AND/OR EMPLOYEES) MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, WILL BE THE EVENT'S REGISTRATION FEES, IF ANY, PAID BY YOU TO AND RECEIVED BY PRODALIM FOR THE EVENT GIVING RISE TO THE LIABILITY.
The security of information and payments transmitted via the internet and/or published or shared by You during or in connection with Your registration to an Event and/or attendance of and participation in an Event cannot be guaranteed. Any losses incurred or sustained by You as a result of transmitting and/or publishing or sharing information or payments during or in connection with Your registration to an Event and/or attendance of and participation in an Event (or by means of email or other internet links), shall be borne solely and exclusively by You, and in no event, shall any such losses be borne, in whole or part, by Prodalim, its officers, directors, consultants, shareholders, representatives, agents, contractors, service providers, partners, and/or employees.
You agree to immediately defend, indemnify and hold Prodalim, and each of its directors, officers, consultants, shareholders, representatives, agents, contractors, partners, service providers and employees, harmless from and against any loss, liability, claim, action, demand, damages, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, relating to or in connection with any of the following:
We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Prodalim’s defense of such matter.
You may be able to access, review, display or use third party websites, resources, content, information or links to other websites or resources (the "Third Party Materials") during or via Events. You acknowledge sole responsibility for and assume any and all risks arising from Your access to, use of or reliance upon any such Third Party Materials, and Prodalim disclaims any liability that You may incur arising from Your access to, use of or reliance upon such Third Party Materials during, through or in connection with any Event. You acknowledge and agree that Prodalim: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products, information, contents or websites on or available from such Third Party Materials; (ii) has no liability to You or any third party for any harm, injuries or losses suffered as a result of Your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed during, through or in connection with an Event. Your ability to access or link to Third Party Materials or third party website does not imply any endorsement by Prodalim of Third Party Materials or any such third party website.
These Terms do not authorize You to, and You may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against You for any unauthorized use of their Third Party Materials.
Without derogating from any of Prodalim's rights and remedies under these Terms and/or under law, Prodalim will be entitled, at its sole discretion, to immediately discontinue an Event or any part thereof, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
You may not use any Third Party Materials for which You have not obtained appropriate approval to use. Prodalim cannot and does not grant permission to use third party content.
Events may contain links to other websites, applications or resources (the "Linked Sites"). The Linked Sites are not under the control of Prodalim and Prodalim is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Prodalim is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Prodalim of the site or any association with its operators. You acknowledge and agree that Prodalim will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, information, goods or websites available on or through any such site or resource.
If You send or transmit any communications, comments, questions, suggestions, or related materials regarding Prodalim via, during or in connection with an Event or otherwise (collectively, "Feedback"), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Prodalim is free to use, without any attribution or compensation to You, any and all Feedback for any purpose whatsoever. You understand and agree that Prodalim is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
Notices to You may be made during Event(s) and/or via e-mail. Prodalim may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to You generally during Event(s). You agree that all agreements, notices, disclosures and any other communications that Prodalim provides as aforementioned satisfy any legal requirement that such communications be in writing.
By attending, participating in or visiting an Event, You agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of Your location, will govern these Terms and any dispute of any sort that might arise between You and Prodalim. Any claim or dispute between You and Prodalim that arises in whole or in part from Your attendance of and participation in any Event shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. Prodalim reserves the right to amend these Terms at any time and without notice, and it is Your responsibility to review these Terms regularly for any changes. Your attendance of or participation in an Event following any amendment of these Terms will signify Your assent to and acceptance of its revised terms. YOU AND PRODALIM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO AN EVENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last update: September 14, 2020.
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