K2 FastFWD User Conference 2020 - Terms and conditions

1.     Introduction

1.1  K2 FastFWD (“Event”) is organized and managed by SourceCode North America, Inc., a wholly-owned subsidiary of SourceCode Technology Holdings, Inc., (collectively “SourceCode”) headquartered at 1500 14th Ave SE, Bellevue, WA, 98004.

1.2  These terms and conditions (hereinafter referred to as the “Terms”) set out the terms on which you agree to participate in the Event. Please read the Terms carefully and make sure you understand before marking “I agree with the Event Terms” section from the registration form. You understand that by registering for the event, you agree to be bound by the Terms.

1.3  References to “us,” “we” and “our” shall refer to SourceCode and references to “you” and “your” shall refer to the participant.

2.     Grant of Rights

2.1  SourceCode grants you the right to participate in the Event and a license to use the materials provided to you during the Event or after the Event by e-mail, as the case may be (the “Event Materials”),  for an unlimited period of time, worldwide, only for your own personal, non-commercial use, provided that you give us full attribution and credit by name and keep intact all copyright, trademark and other proprietary notices. SourceCode does not grant you the right to make the Event Materials available to third parties, on any media or form, without the prior written consent of SourceCode. To obtain SourceCode’s approval, you must submit your request to press@k2.com.

2.2  Any conduct deviating from the provisions of this section or from the provisions of sections 3 and 4 will be deemed as a breach of SourceCode intellectual property rights in the Event Materials and SourceCode will be entitled to use all available legal remedies to repair the caused damages and prevent more damages. SourceCode is the sole and exclusive owner of all intellectual property rights in the Event Materials or has obtained the approval of the owner of the intellectual property rights in the Event Materials for use during the Event, and nothing in these Terms shall be deemed as an assignment to you of the intellectual property rights in the Event Materials.

3.     Photography/Video

3.1  By attending the Event, you grant SourceCode the right, and acknowledge that we have the right, to take photographs, record videos, and take interviews or testimonials of the Event or of you in which you (including your property) may appear in connection with the Event or any other promotion of SourceCode (“Generated Material”).

3.2  Generated Material will belong to SourceCode. You authorize SourceCode, its assignees and transferees to copyright, use and publish the same in any media, including print and electronically, and agree that SourceCode may use it, with or without identifying you, for any lawful purpose, including, for example, such purposes as related to the event publicity, illustration, advertising and Web content. You acknowledge and accept that you will not be entitled to any remuneration in connection with the usage of any Generated Material. Please see the privacy section below if you want to contact us with questions or concerns on how the Generated Material is used.

4.     Third-Party Materials

4.1  SourceCode may use third-party materials or tools during the Event or within the Event Materials. This use by SourceCode of third-party materials and tools does not represent an endorsement by SourceCode of such third-party materials and tools. SourceCode is not liable for any alleged harm or damages incurred by you as a consequence of using the third-party materials and tools.

4.2  You expressly acknowledge that any license for you to use the third-party tools together or separately from the SourceCode products will be purchased from the third party entitled to grant licenses for the use of the respective tools.

5.     Cost for participating at the Event

5.1  You acknowledge and agree that you will be solely responsible for all costs that you incur relating to your attendance at the Event (including, without limitation, any costs relating to the internet connection, hardware or software that might be required to attend the Event).

5.2  You will promptly comply with all reasonable instructions and directions issued by or on behalf of us in connection with the Event and its promotion (including, without limitation, any instructions or directions given in relation to the use of the hardware or software necessary to attend the Event). We will not be responsible for any failure or delay in attending the Event where such failure occurs directly or indirectly as a result of your failure or delay in complying with any of our reasonable instructions or directions.

6.     Changes

6.1  It may be necessary for SourceCode to alter the advertised content, timing, date or location of the Event.

6.2  We reserve the right to do this at any time without liability to you, provided that the Event, as altered, is substantially similar to Event as originally advertised. SourceCode will provide you with notice of any alterations as soon as is reasonably practicable.

7.     Cancellations

7.1  Any delegates wishing to cancel their bookings must notify SourceCode by email at conference@k2.com by the dates listed below. No refunds will be given to registrants who do not cancel in advance (no shows).

      • A full refund, minus a $100 processing fee, will be issued for cancellations received by 11:59 p.m. (Pacific Time) on Tuesday, December 31, 2019.
      • A full refund, minus a $250 processing fee, will be issued for cancellations received between 12:00 a.m. (Pacific Time) on Wednesday, January 1, 2020, and 11:59 p.m. (Pacific Time) on Friday, February 7, 2020.
      • Refunds will not be given to delegates who cancel after 11:59 p.m. (Pacific Time) on February 7, 2020.

The above cancellation fees apply to all registrants, including attendees who used a promotional code for registration. We understand there are emergencies and will manage exceptions on a case-by-case basis.

7.2  SourceCode reserves the right to cancel the Event at any time during the Term and will provide you with notice of the same as soon as is reasonable. In the event that we cancel the Event (pursuant to this section) or materially alter the advertised content, timing, date or location of the event, you shall be entitled to either: (I) a credit for a future event held by us of your choice (up to the value of the sums paid by you in respect of the Event); or (ii) terminate these Terms with immediate effect and obtain a refund (calculated in good faith) of an amount that reflects the total sums paid by you at the date of cancellation, if applicable.

7.3  Any such refund, if applicable, shall be paid by us within 30 days of receipt of confirmation you wish to terminate the Terms.

8.     Force Majeure

8.1  SourceCode shall not be deemed to be in breach of these Terms or otherwise liable to you for any failure or delay in performing our obligations under these Terms as a result of an event or series of connected events outside of our reasonable control or the reasonable control of our subcontractors or suppliers as applicable (including, without limitation, strikes or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm).

9.     Term

9.1  These Terms will take effect on the date you register for the event and continue until the completion of the Event (the “Term”), unless terminated early in accordance with these Terms.

9.2  Either party has the right at any time to terminate these Terms immediately by giving written notice to the other in the event that the other: has committed a material breach of any of its obligations under these Terms and has not remedied any such breach (if capable of remedy) within fourteen (14) days of being required to do so by written notice.

10.   Privacy
By providing personal data (as defined by the General Data Protection Regulation and other applicable privacy laws) to SouceCode Technology Holdings, Inc., the participant acknowledges that the personal data will be used and processed by SourceCode Technology Holdings, Inc., for the purposes of organizing and promotion of the SourceCode Technology Holdings, Inc. events and SourceCode.  SourceCode will process personal data in accordance with the SourceCode Privacy and Data Protection Policies. For any questions regarding the ways in which SourceCode processes your personal data, please contact us at privacy@k2.com. If you have any concerns regarding the photos/recordings of you from the Event or if you want us to stop using photos/ recordings of you in new material, please contact us at privacy@k2.com. We will then no longer use your personal data in new information material. We will also remove you from already published material wherever possible. You can always object to being photographed or recorded during the event by reaching out to our photographers or organizing staff.

Upon registration for the event, you can opt-in to share the personal data provided during registration with our partners or sponsors in order to be contacted by these companies about their products or services. If you are physically attending the Event and you are provided with a badge, your badge may have a QR code label. Badge scanning is entirely optional and you can at any time refuse to have your badge scanned. By allowing other Event participants (including SourceCode delegates), sponsors or partners to scan your badge, you are authorizing SourceCode to share the personal data you provided during the registration process with those Event participants, partners, or sponsors. This means that your personal data can be used by these companies to contact you about their products or services, subject to their privacy policies. 

11.  Indemnity
You agree to indemnify and hold harmless SourceCode, its employees, contractors, and affiliates to the fullest extent permitted by law, against all losses, costs, claims or expenses of any kind arising from (i) any act or omission by you or your representatives related to the Event or (ii) any breach by you or your representatives of this Agreement.

12.  Limitation of Liability
In no event will SourceCode be liable to you or any other person or entity for any indirect, special, incidental, exemplary or consequential damages or loss of goodwill in any way relating to these Terms or resulting from the attendance or inability to attend the Event, even if we were notified of the possibility or likelihood of such damages occurring, and whether such liability is based on contract, tort, negligence, strict liability, or otherwise.

13.  Limitation of Liability Exclusions
Nothing in these Terms & Conditions shall limit or exclude a party's liability for (i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be limited or excluded by applicable law.

14.  Applicable Law
These terms are governed by the laws of the state of Washington, United States of America, without regard to conflicts of law rules, and you consent to exclusive jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington.

15.   General
15.1 These Terms contain the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these Terms. You acknowledge that you have not relied on and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these Terms. These Terms shall not create, nor shall they be construed as creating, any partnership or agency relationship between the parties.

15.2 If any provision of these Terms is or becomes illegal, invalid or unenforceable for any reason, all other provisions of the Terms remain in force and shall produce legal effects.

16.  Anti-Corruption
Each party confirms it has not been offered or received any illegal or improper bribe, kickback, payment, gift, or thing of value from the other party’s employees or agents in connection with these Terms & Conditions. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. Any violation of the above restrictions will be promptly notified to legal@k2.com.