LOS ANGELES 12-14 SEPT 2018

LOS ANGELES 12-14 SEPT 2018

Terms & Conditions

Legal

GSMA LTD., A WHOLLY OWNED SUBSIDIARY OF THE GSM ASSOCIATION WELCOMES YOU TO THE 2017 MOBILE WORLD CONGRESS AMERICAS (THE “EVENT”). GSMA LTD. AND ITS AFFILIATES (TOGETHER “GSMA”) PROVIDE THE EVENT TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY OR PERSON ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS (“TERMS”). THESE TERMS ARE ENTERED INTO BY AND BETWEEN GSMA AND YOU, AND YOU ACCEPT THEM AND AGREE TO BE BOUND BY THEM BY: (a) SIGNING UP FOR AN ACCOUNT ON THIS WEBSITE; or (b) REGISTERING FOR THE EVENT VIA THIS WEBSITE; or (c) ACCEPTING AN INVITATION TO THE EVENT; or (d) CONSENTING TO A 3rd PARTY REGISTERING YOU FOR THE EVENT; or (e) BY ORDERING OTHER GOODS OR SERVICES VIA THIS WEBSITE; or (f) USING THE WEBSITE; or (g) BY ATTENDING THE EVENT.

Description of Services

Mobile World Congress Americas will be held 12-14 September 2017 in San Francisco, California. This website provides access to an account, registration and other services for the Event, including but not limited to information regarding promotional, sales, sponsorship, and networking opportunities for those companies doing business in the mobile industry (“Services”).

Eligibility

If You are registering on behalf of Your employer or a third party, You represent and warrant that You are at least 18 years of age and are authorised to accept these Terms on behalf of each person that You register, and that each person You register agrees to be bound by these Terms and agrees to indemnify GSMA for violation of these Terms. You also represent and warrant that You have registered to attend the Event having only used a registration code that You are actually authorised to use.

GSMA Ltd., the Event organizer, is an organization registered in the United States and therefore must comply with U.S. sanctions law. Therefore, you represent and warrant that neither You, nor any person or entity for whom You are registering (i)are currently on the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) List of Specially Designated Nationals and Other Blocked Persons (including terrorists and narcotics traffickers) (the “OFAC List”); (ii) are affiliated with any entity or organization on the OFAC List; nor (iii) are on any similar restricted party listings, including those maintained by other governments pursuant to applicable United Nations, regional or national trade or financial sanctions. If You or the entity or organization with which you are affiliated are added to any such restricted party list prior to Your arrival date, then You must notify us immediately. The OFAC List can be found by visiting http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. We may cancel and/or terminate this Agreement without penalty or liability if we reasonably believe it is necessary to do so in order for us to comply with our obligations under such applicable laws or regulations, including if You are added to any restricted party listings as described in this section. Cancellation and/or termination under this provision will result in forfeiture of all fees paid by You, in conformance with U.S. sanctions law.

Payment

All payments must be made in U.S. Dollars. Admission to the Event will not be granted without payment in full received by the applicable due date. Lost attendee badges will incur a replacement fee. You will be required to produce photo identification as deemed sufficient by GSMA in its sole discretion (government issued photo identification, such as a driver’s license, passport, or EU national ID card) when collecting Your attendee badge, as well as when obtaining a replacement delegate badge. GSMA’s receipt of an application for registration and/or You making payment for registration does not constitute GSMA’s acceptance of Your offer to register for the Event. Applications and payments that are not accepted by GSMA will be returned. Whether or not GSMA accepts Your application shall be in GSMA’s sole discretion.

Cancellations

ALL SALES ARE FINAL.. You will liable for the FULL cost of Your admission to the Event notwithstanding a subsequent cancellation or Your failure to attend. NO REFUND SHALL BE GIVEN..

Downgrades of passes are permitted but You will still be liable for the FULL registration fee associated with the original pass purchased. You are responsible for cancellation of travel and hotel reservations if You do not attend the Event.

GSMA reserves the right to cancel Your registration without notice if payment as required by these Terms is not received by GSMA in a timely fashion, You fail to provide details as required in the relevant registration form, or You are in violation of any of these or any other applicable terms and conditions. You agree that GSMA is not responsible for any damages, direct or indirect, resulting from any cancellations. All payments must be submitted within the time frames set forth in the relevant registration form.

Should GSMA cancel the Event, registered attendees who have paid the registration fees in full for the Event will be refunded their registration fee only.

For the avoidance of doubt, You agree in no event shall GSMA be liable to You or any third party for any other costs or damages, direct or indirect, consequential, punitive, incidental, special or general resulting from a postponement, cancellation, or termination, including but not limited to travel and accommodation. No costs, including but not limited to travel and accommodation, will be refunded for any reason whatsoever, unless otherwise stated herein. Should the Event be postponed, GSMA shall provide You with substitute passes for the new event.

Identification

You agree to carry with You, at all times during the Event, government issued photo identification such as a driver’s license, passport, or EU national ID card. You agree to produce such identification upon request.

You understand and agree that You must personally submit Your identification information. Any submission of identification information by any person other than the individual identified in the materials constitutes a material breach of these terms.

Substitutions

Requests for substitution of a registered Event attendee with an alternative person must be made in writing to registration@mwcamericas.com. Such requests shall be approved or denied by GSMA in its sole discretion. Such requests should include (i) the registered Event attendee’s full name and registration number, (ii) evidence of permission of the original registered Event attendee to allow substitution of an alternative person, and (iii) the name of the proposed substitute registrant. The cost of substituting a registered Event attendee will vary based on registration status of the original attendee. Any balance due will automatically be transferred to the substitute. Substitutions between attendees from the same company and at the same invoice address may be made by providing the GSMA with written notice of the name of the original delegate and full details of the substitute registrant. Once a badge for a named Event attendee has been issued, no substitutions will be permitted.

Pass Sales

Your pass or pass code is personal to You. Sale of Event passes other than directly from GSMA is strictly prohibited. If Your code was given to You by an exhibitor, sponsor, advertiser, or other party which properly acquired the pass from GSMA, that code is personal to You, and may not be sold, gifted, published, or otherwise transferred without express permission of GSMA. If You sell your pass, purchase a pass from any person or entity other than GSMA, publish/distribute any code such that others may use it without appropriate authorization, or in any way work to facilitate access (including Your own) to the Event by dishonest means, in GSMA’s sole discretion, You may be prohibited from entering the Event, ejected from the Event, and/or barred from attending Mobile World Congress or any other GSMA event permanently.

Visas & Travel Authorization

You are responsible for arranging appropriate travel authorizations to travel to, and gain entry, into the country where the Event is taking place. You are responsible for all costs associated with obtaining such authorizations. GSMA shall not compensate You, nor shall refunds be issued, in the event of Your inability to attend the Event due to lack of necessary travel authorizations.

Ownership

Registering for and attending the Event does not grant You any rights to use the name of the GSMA or any of its logos or trademarks. The Services and associated material provided by registering and attending the Event, including all images, designs, photographs, writings, graphs, data, or otherwise are the property of GSMA and are protected by international copyright, trademark, trade secret, or other proprietary rights.

Recordings

By attending this Event, You agree to the following:

  1. Not to bring into the Event venue any equipment for the purpose of recording or broadcasting sounds or images (such as photographic, audio, video or any other form of audio-visual device) for any purpose other than a private non-commercial purpose, without the prior written consent of GSMA. Any recording or broadcasting equipment brought in, or used, other than for private non-commercial purposes and without the prior written consent of GSMA may be confiscated by GSMA and any recordings made destroyed;
  2. Whilst at the Event, not to make any recording whatsoever or take any photographs for any purpose whatsoever, of speakers, exhibitors or their material without the prior written consent of GSMA; and
  3. Not to publish, license or in any way disseminate recordings made or photographs taken within the Event venue of any persons or material, or enable others to do so, without the prior written consent of GSMA.

You understand and agree that a breach of the above terms may lead to Your being evicted from the Event venue. You may not be allowed to re-enter the Event or any future Events organized by or on behalf of GSMA. You consent to GSMA and its agents making recordings of You by any means including, without limitation, electronic recording, film, videotape, audio tape and photography (the “Recordings”) without compensation of any kind to You. You agree that GSMA shall be the copyright owner of the Recordings. You understand that GSMA is not obligated to use the Recordings. To the best of Your knowledge, Your acts and statements contained in the Recordings will not violate any right of any other person or company.

You also understand that third parties attending the Event may capture Your image by many means including, without limitation, electronic recording, film, videotape, audio tape and photography. By attending the event, You consent to the capture of Your image without compensation to You and You release such third parties from any and all claims and causes of action You may have now or in the future including but not limited to defamation, invasion of the right of privacy, publicity or personality, copyright or trademark infringement and unfair competition.

You release GSMA from any claims and causes of action You may have now or in the future based upon defamation, invasion of the right of privacy, publicity or personality, copyright or trademark infringement and unfair competition in connection with the Recordings and GSMA’s use of the Recordings and You agree not to institute any legal action based on any grounds whether or not specified in this section. All the rights granted to GSMA by You hereunder are irrevocable and perpetual, and You waive all rights to any equitable relief in connection with the Terms set forth herein.

Prohibited Activities

Suitcasing and Outboarding at the Event are strictly prohibited. “Suitcasing” occurs when companies or persons attend the Event as attendees but “work the aisles” soliciting business from other attendees and exhibitors. “Outboarding” occurs where companies set up events at a location other than the Event venue that encourage attendees to leave Event venue. You agree that You will not plan, attend or otherwise participate in an Outboarding event that takes place (i) during the Event and (ii) in the three (3) days before and after the Event. You will not engage in or support Suitcasing or Outboarding in any way.

You shall not develop, facilitate, or host any program, free or paid, during the course of the Event, which competes with the GSMA Mobile World Congress Americas Tours Program without the prior written permission of GSMA. Such permission may be unreasonably withheld at GSMA’s sole discretion.

Engaging in any prohibited activity described in this section will result in immediate cancellation of Your attendee badge without a refund.

Safety & Security

GSMA is not responsible for lost or stolen items. Please remain aware and keep personal possessions, including but not limited to passports, electronics, and financial instruments secure at all times.

For the safety and security of all attendees, GSMA reserves the right to enable security personnel to perform security checks of any attendee at any time. GSMA reserves the right to refuse admittance or remove any attendee from the Event venue, entry points, or offsite location controlled by GSMA at any time, without liability.

Anti-Harassment Policy

The GSMA is dedicated to providing a positive, harassment-free event experience for all participants and staff, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, race, age or religion. The GSMA does not tolerate harassment of event participants or staff in any form. The use of harassing language and imagery (including that of a sexualised nature) is not appropriate at any GSMA event or related social activity sponsored or organised by the GSMA. Any event participant found to be violating this policy may be sanctioned or expelled without a refund at the GSMA’s sole discretion.

The full GSMA Anti-Harassment Policy can be found at https://www.mwcamericas.com/legal-notices/anti-harassment-policy/.

Smoking/E-Cigarettes

Smoking, including the use of smokeless tobacco products, e-cigarettes and unregulated nicotine products is strictly prohibited except in designated areas.

Children

Individuals under 18 years of age (including infants) are not permitted entry to the Mobile World Congress Americas venue during build-up, dismantling or on event days. Any exceptions to this policy are in the sole discretion of the organiser of Mobile World Congress Americas and permission must be provided by the organiser, in writing, prior to start of the event. Requests for exceptions cannot be made onsite.

Voluntary Participation

You may volunteer or be asked to participate in demonstrations or exhibits during the course of the Event. Any participation by You in such a demonstration or exhibit is on a voluntary basis and is not a requirement. You may purchase or be invited to participate in hospitality offerings by third parties and such offerings may include high risk activities, including, but not limited to, flights in a hot air balloon, helicopter or bi-plane rides and/or other activities which carry risk to any person and/or property. You understand that You participate in such demonstrations, exhibits and hospitality offerings entirely at Your own risk. GSMA is not responsible or liable for any injury or damage You may suffer as a consequence of participating in such demonstration or exhibit other than to the extent such injury or damage is caused by GSMA’s gross negligence or willful misconduct. GSMA expressly disclaims any liability whatsoever for injury or damage caused to You by Your participation in hospitality offerings provided by third parties.

Term and Termination

This agreement is effective until terminated by GSMA. You agree that GSMA may terminate this agreement at any time, for any reason, without notice, in GSMA’s sole discretion. In the event of termination, You are no longer authorized to attend the Event. You agree that GSMA shall not be liable to You or any third party for any termination of Your access to the Services, unless otherwise stated herein.

Force Majeure

In the event that GSMA is prevented from carrying out its obligations as a result of any cause beyond its control, including but not limited to acts of God, war, acts of terrorism, disease or pandemic, virus propagation, airline flight cancellations, strikes, lock-outs, flood, or failure of third parties to deliver goods or services, GSMA shall be relieved of its obligations and liabilities for as long as fulfillment is prevented.

Privacy Policy

In order to provide You with the Services, including, but not limited to issuing You an attendee badge after verifying Your identity, it is necessary to collect and use certain personal information relating to You. Details of said collection, use thereof, and Your associated rights thereto are found in the GSMA’s Privacy Policy at https://www.mwcamericas.com/legal-notices/privacy/. The terms of the Privacy Policy are incorporated herein and You (on Your own behalf and on behalf of any third party whose information You are duly authorized to provide) acknowledge that You have read, understand, and agree to the Privacy Policy. If You have any question with respect to the Privacy Policy or collection or use of Your personal information in general, please contact us at crm@gsm.org.

You hereby agree that GSMA retains and uses any and all personal data and information for the full duration of existence of Your account. You hereby consent to GSMA and its affiliated companies using Your personal information including Your mobile number, address, email, employer, and job title data in order to provide You with an account and to provide You with services associated with Your attendance at the Event. You also consent to such personal information being given to other companies who provide services associated with the Event, including third parties and individuals involved in or sponsoring activities including planning services, tours, training courses, networking, special events, and other Event related services. You also agree that Your personal data and other information may be disclosed to law enforcement agencies and third party security providers for the purpose of crime prevention, crime detection and security.

In order to facilitate networking and business relationships at the Event, You may be asked for permission to scan Your attendee badge via a lead retrieval system. You understand that Your attendee badge holds secure data related to You including but not limited to Your name, mobile number, address, email, employer, and job title. In the event that You allow Your attendee badge to be scanned, You are explicitly consenting to use by the recipient, of data which is personal to You. You understand that GSMA has no control over how Your personal information may subsequently be used and You therefore agree to indemnify, defend and hold GSMA harmless in relation to such use. You also understand that if You allow Your personal and contact details to be visible to other attendees, that such information is essentially public information and GSMA has no control over its use. You therefore agree to indemnify, defend, and hold GSMA harmless in relation to any such disclosure. Please direct all questions pertaining to the use of Your personal information by a person who scans Your badge, to that person.

Our policy regarding cookies can be found at https://www.mwcamericas.com/legal-notices/cookie-policy/.

Data Protection

You warrant us that You are over 18 years old. The data You provide us with the registration form to the Mobile World Congress Americas and such that can be obtained from Your relationship with us will be included in a file or files of GSMC EVENT PROJECT MANAGEMENT, S.L.U., based in Palau de Congressos, Fira de Barcelona, Avinguda de la Reina Maria Cristina, s.n., CP 08004, Barcelona, Spain, acting as the representative in Spain of GSMA Ltd, based in 1000 Abernathy Road, Suite 450, Atlanta, Georgia 30328, United States of America. The data provided will serve the purpose of: managing Your registration request, sending You the registration confirmation and all the documentation that may be of interest for the congress, access control, as well as for maintenance, implementation, development and control of Your relationship with us.

You also authorize us to communicate Your data to GSMA Ltd., based in 1000 Abernathy Road, Suite 450, Atlanta, Georgia 30328, United States of America. As You may be aware, the United States does not have a level of data protection comparable to Europe, for the same purposes aforementioned. Furthermore, the data may be processed and/or disclosed to third parties if there is any legal and/or contractual obligation.

You may exercise Your right to access, rectification, cancellation and objection, by writing to GSMC EVENT PROJECT MANAGEMENT, S.L.U., at the address above mentioned. Please enclose a soft copy of an official document accrediting Your identity.

Accuracy of Content

GSMA has taken every care in the preparation of content of this website, in particular to ensure that prices quoted are correct at time of publishing and all the Services have been fairly described. However, orders/registrations will only be accepted if there are no material errors in the description of the goods and/or services or their prices as advertised on mwcamericas.com. All prices are displayed exclusive of any applicable taxes.

Accuracy of Data Submitted

You understand that You are solely responsible for the accuracy of all personal data provided through this system. Failure to enter accurate data may result in adverse consequences, including but not limited to failure to receive critical information and/or the inability to reset account passwords. GSMA is not liable for any damages which may result from the submission of incomplete or inaccurate information.

No Warranty

THE GOODS AND SERVICES ORDERED THROUGH GSMA WEBSITES ARE PROVIDED TO YOU “AS IS”. GSMA GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, GSMA EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF YOUR ATTENDANCE AT THE EVENT REMAINS WITH YOU. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE GSMA’S LIABILITY FOR THE FOLLOWING: (I) DEATH OR PERSONAL INJURY RESULTING FROM ITS, ITS EMPLOYEES’ OR ITS SUB-CONTRACTORS’ NEGLIGENCE; OR (II) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

Limitation of Liability

If GSMA, its parent, its affiliates or any of their officers, directors, employees, agents, third-party content providers, licensors or the like, are liable to You for any reason, liability will be limited to the amount paid by You for the Goods and Services in the year in which such liability arose. This limit does not apply to any liability GSMA may have for death or personal injury resulting from GSMA’s negligence or any other liability that cannot be excluded by law. You agree that any action must be commenced within one (1) year after the claim or cause of action arises.

Indemnification

You agree to indemnify, defend, and hold harmless GSMA, its parent, affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to Your Event attendance, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right or Your participation in a hospitality offering provided by a third party during the Event.

Entire Terms

These Terms constitute the entire agreement between GSMA and You with respect to the Event, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and GSMA with respect to the Event. However, there may be legal notices on other areas of this website that relate to the ordering of goods and services, all of which will, together with these Terms govern Your ordering of Services. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Modifications to the Terms

The Terms are subject to change without notice, and may be revised or updated from time to time in GSMA’s sole discretion. All amended terms shall automatically be effective immediately when posted on this website, and apply to all access to the Event and use of any websites, apps, or services in relation to the Event thereafter. You agree that You are responsible for periodically returning to this website and reviewing these Terms to understand the current Terms and Conditions applicable to this Event. GSMA does not and will not assume any obligation to notify You of changes to the Terms. Your continued use of any websites, apps, or services, or attendance at the Event, means that You accept and agree to the changes. Except as outlined herein, the Terms may not be otherwise amended except in a writing signed by You and us. The following Sections survive any termination of the Terms: Ownership, No Warranty, Limitation of Liability, and Indemnity.

Electronic Communications and Electronic Signatures


You agree to be bound by any affirmation, assent, or agreement You transmit through this Website or an App associated with the Event, including but not limited to any consent You give to receive communications from GSMA solely through electronic transmission. You agree that when in the future You click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.

Mobile World Congress Americas Trade Agreement Terms and Conditions

Please click here to access the MWC Americas Trade Agreement Terms and Conditions.

General

GSMA shall not be liable for any failure to perform any of our obligations under these Terms that is caused by circumstances beyond our reasonable control, including but not limited to any force majeure incident. You understand that pursuant to safety and other regulations which GSMA must comply with, presentations, seminars or sub-events (collectively, “Sub-Events”) within the Event will be subject to maximum capacity limitations. You agree that entry to Sub Events shall be permitted on a “first come first served” basis and that once the space allocated for a Sub Event is full to capacity, You shall not be permitted entry.

GSMA’s failure to exercise or enforce any right or provision of the Terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GSMA in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. GSMA reserves the right at any time to make changes or corrections and to alter, suspend or discontinue any aspect of any of the Services for which You have registered. If GSMA exercises its right to withdraw, GSMA may at its option offer You broadly equivalent replacement Services or refund Your payment which shall constitute a final settlement of any dispute between You and GSMA, and shall discharge any and all liability of GSMA to You. Notices to You may be made via either e-mail or regular mail. Information sent to You pertaining to the Services may also provide notices of changes to the Terms or other matters, by displaying such notices or by providing links to such notices.

GSMA reserves the right, in its sole discretion, to limit or deny access to the Event venue to any entity or individual. You must be at least eighteen (18) years of age to gain access to the Event venue without prior approval from the GSMA.

Governing Law

The construction, validity and performance of the Terms are exclusively governed by the laws of the England and Wales without reference or regard to principles of conflicts of law. The parties submit to the exclusive jurisdiction of the courts of England and Wales, located in London. If any provision of the Terms are held by a court of competent jurisdiction to be invalid or unenforceable such holding shall not affect any other provision hereof, and the Terms shall be construed as if the invalidated or unenforceable provision had not been contained herein.