Terms and Conditions
Welcome to eBay Open 2018 (the "Event"), brought to you by eBay Inc. ("ebay").
1. Acceptance of the Terms and Conditions. By registering for the Event, you are expressly agreeing to and accepting these terms and conditions (the "Terms"). eBay reserves the right to amend these Terms at any time and any changes to these Terms will be effective immediately upon posting. You are responsible for reviewing these Terms from time to time for any changes.
2. Participation in the Event.
a. You must individually register to attend the Event. In exchange for your completion of the online registration form with current and accurate information and payment of a registration fee for the Event, you will receive a credential ("Badge") for admission to the Event. It is your responsibility to protect and safeguard your Badge, as Badges will not be replaced if lost or stolen. Badges must be claimed onsite at the Event, which will require presentation of a valid form of government-issued identification matching the individual registration, and are not transferable. Registration for the Event will be limited by availability and will not be available onsite.
b. You understand and agree that the facilities hosting the event may have rules, regulations, capacity restrictions, etc., that you must abide by in order to be admitted to or participate in the Event, or portions thereof, and that non-compliance may impact your admission to or participation in the Event. eBay is not responsible for your inability to attend or participate in the Event, or any portion thereof.
c. You may not register for or participate in the Event if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools. By completing the registration form, you represent and warrant that you have the authority to incur charges on the credit card presented for payment.
d. You understand and agree that your participation in the Event is voluntary and that you assume any risk of personal injury, property damage or other damages that could arise from your participation in the Event. If you elect to consume alcohol at the Event, you represent and warrant that you are 21 or older.
f. While participating in the Event, you must not violate any laws, third party rights or our policies. Without limiting other remedies, we may limit, suspend or terminate your ability to attend the Event or your eBay.com user accounts, and/or prohibit access to our sites and their content, services and tools, if we think that you are violating these Terms, creating possible legal liabilities, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, Event participants who we eBay Open 2018 believe are harassing or discriminating against other participants or conducting themselves in an offensive, disruptive, disorderly or inappropriate manner).
3. Refunds, Cancellation and Expenses. There will be no refunds, in part or in full, or cancellations in connection with the Event under any circumstances, including, without limitation, travel delays, illness or personal injury, events of force majeure, revocation of your Badge, accidental registration or remorse. If you do not use your Badge at the Event, it will not have any monetary value and you will not receive any form of credits for future events or eBay services. eBay reserves the right to cancel or revoke your Badge, in its sole discretion, at any time, and will not be responsible for any fees, expenses or costs related to such cancellation. Discounted registration fees, if any, are based on date of payment, and no credits or refunds will be issued for failure to qualify for or receive a discount. You will be responsible for your own arrangements and expenses for transportation, travel, hotel, parking, incidentals, meals and any other costs and expenses that you incur in connection with the Event.
4. Grant of Rights; Ownership. You understand that eBay may create materials in connection with or relating to the Event ("Materials") and may copyright those Materials in eBay's name. eBay retains all ownership rights in the eBay name, trademarks, and logos (collectively, "eBay Marks"), the Event, Materials, and all related intellectual property rights in the foregoing. Any use of the eBay Marks, Materials or any eBay intellectual property (including, without limitation, copying, modification, the creation of derivative works or distribution of content incorporating any the foregoing) without the prior express written permission of eBay is prohibited. By attending the Event, you hereby authorize and grant to eBay Inc., its affiliates, subsidiaries and assigns, the right and irrevocable, unlimited, exclusive, worldwide, royalty-free license to: (a) record your likeness, image, voice and verbal statements ("Likeness") digitally or on audio tape, film, videotape, or any format now known or hereafter discovered; (b) use your Likeness in Materials, including the right to edit, dub, add to, subtract from or modify your Likeness in any manner and to combine it with any other material; (c) reproduce, modify, distribute, prepare derivative works, display, perform, or use or otherwise exploit the Materials containing your Likeness, or any portion thereof, in any media now known or hereafter discovered, for any purpose, including for the commercial advertising and/or promotion of eBay in any printed, on line or any other media now known or hereafter discovered; and (d) sublicense any of the above granted rights. To the extent permitted by law, no compensation will be due to you under any circumstances in exchange for use of your Likeness, and you waive any moral rights that might be associated with any such use.
5. DISCLAIMER. YOUR TRAVEL TO AND PARTICIPATION IN THE EVENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EBAY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EVENT AND MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE EVENT AND MATERIALS ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EBAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) OR (C) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR TRAVEL TO OR PARTICIPATION IN THE EVENT. EBAY DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE EVENT OR THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. EBAY DOES NOT MAKE, AND HAS NOT MADE, ANY GUARANTEE AS TO INCREASES IN YOUR SALES VOLUME OR PROFITS. EBAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE MADE AVAILABLE AT THE EVENT. EBAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL EBAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) OR (C) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR TRAVEL TO OR PARTICIPATION IN THE EVENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU OR EBAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBAY'S CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED $100.
7. Indemnity. You will defend, indemnify and hold harmless eBay, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your admission to, participation in and interactions at the Event; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your participation in the Event caused damage to a third party.
8. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eBay without restriction at any time.
9. Miscellaneous. eBay reserves the right to modify, discontinue or cancel the Event, or any aspect thereof, at any time. These Terms and the Event are governed by the laws of the United States of America and the State of California, without respect to its conflict of laws principles. You agree that any claim or dispute you may have against eBay must be resolved exclusively by a state or federal court located in Santa Clara County, California. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. These Terms and any other legal notices published by eBay in connection with the Event constitute the entire agreement between you and eBay concerning your participation in the Event. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect. No waiver of any term of these Terms is a further or continuing waiver of such term or any other term, and eBay's failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision. The various section headings are for convenience only and shall not affect the meaning or interpretation of these Terms. Nothing herein constitutes an employment, joint venture, or partnership relationship between you and eBay. You are not the agent or authorized to act as the agent of eBay in any respect. The terms and conditions contained in these Terms that by their nature would be expected to survive the expiration or termination of these Terms, including but not limited to the provisions relating to Indemnity, Disclaimer and Limitation of Liability, shall so survive.