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By registering for or participating in this Elastic event ("Event"), you or the entity you represent ("you") confirm that you have read, understand, and agree to these Terms and Conditions ("Terms"). These Terms constitute an agreement between Elasticsearch B.V. (or, if the Event is taking place in any jurisdiction in which Elasticsearch B.V.'s ultimate parent operates an affiliate with a license to conduct business, such affiliate) (hereinafter, "Elastic") and you in connection with your participation in the Event.
- 1. Registration. To register for the Event, you must complete the Event registration process and pay all required registration fees (if any) prior to any applicable deadlines set forth on the registration page for the Event. Event registrations are subject to availability, and your space is not assured until Elastic has confirmed that your registration is complete and paid in full. By proceeding with your registration, you acknowledge and consent to Elastic's use of third parties to facilitate various aspects of this transaction, including Stripe, Inc. (or one of its affiliates) to process any required payments.
- 2. Payment. If the registration page for the Event states that registration fees or other fees are required for the Event, payment must be made via credit card at the time you register for the Event. Elastic reserves the right to cancel your registration without notice for failure to pay in accordance with the instructions provided to you. Elastic is not responsible for any damages, direct or indirect, resulting from such cancellation.
- 3. Cancellation by You. Registration fees or other fees, if required for the Event, are nonrefundable. However, you may transfer your registration to another attendee by emailing a transfer request to email@example.com at least three (3) business days prior to the Event, or before such date and on such terms as are otherwise specified on the registration page for the Event. Such transfers are not valid until confirmed by Elastic.
- 4. Event Content and Cancellation by Elastic. Elastic may cancel the Event or change its content at any time and may deny, limit, or cancel a registration for the Event (including a confirmed registration) at any time. Elastic is not responsible for any damages, direct or indirect, resulting from such cancellation. If Elastic cancels the Event or your registration, so long as you are in compliance with these Terms and any refund policy listed on the registration page for the Event, Elastic will issue you a full refund of any Event registration fee that you have paid in accordance with that refund policy. In the event of any cancellation by you or Elastic, Sections 2-6 and 9-11 of these Terms will continue in full force and effect.
- 5. Information About You. Your contact details and other information will be handled in accordance with the information handling practices described in the Elastic privacy statement ("Privacy Statement") at https://www.elastic.co/legal/privacy-statement (as amended from time to time at Elastic's sole discretion). You consent to the collection, use, and disclosure of the information you provide in connection with the Event by Elastic and its affiliates in accordance with that Privacy Statement. Those entities may use your contact information to send details and announcements to you related to the Event, and communicate with you about other Elastic offers, events or services. You can unsubscribe from promotional emails at any time by following the "unsubscribe" instructions in those emails or by visiting https://www.elastic.co/unsubscribe. Elastic may also provide your contact information to third-party Event sponsors if (a) you opt in during registration to receive communications from our third-party Event sponsors, (b) you scan your attendance ID using a scanner at the Event sponsor's booth, or (c) you scan your attendance ID to download or register to receive information from the Event sponsor. The Event Sponsor may use these details to communicate with you regarding their products and services in accordance with their respective Privacy Policies. To opt-out of receiving these communications, please email the relevant Event Sponsor.
- 6. Use of Event Content. In exchange for the opportunity to participate in the Event, you grant to Elastic and its affiliates, agents, employees and assigns an irrevocable, nonexclusive, royalty-free right and license throughout the world and in perpetuity to reproduce, edit, publish, distribute or translate, for advertising, publicity and promotional purposes or for any other purpose relating to their business, all or any part of the following items ("Content"): (a) all still photographs and all audio and video recordings that Elastic or its independent contractors make of you or your voice or likeness in connection with the Event, including the right to use your name, likeness and biographical information, and (b) all materials (electronic or hard copy) submitted or presented by you in connection with the Event, including any materials submitted via social media handles associated with the Event. You consent to the use of the Content pursuant to the foregoing in perpetuity without compensation (unless prohibited by law) or additional consents from you and waive any moral rights you may have in the Content.
- 7. Assumption of Risk. You acknowledge and agree that your attendance and participation in the Event is voluntary. You agree to assume the risks associated with attending and participating in the Event to the fullest extent permitted under applicable law.
- 8. Conduct. You agree to behave in such a way as to create a safe, professional environment while at the Event and any related events. You agree not to engage in disruptive speech or behavior or otherwise interfere with the Event or other individuals’ participation in the Event. You will comply with all applicable laws and agree not to engage in any form of harassing, offensive, discriminatory or threatening speech or behavior, including relating to race, gender, sexual orientation, religion or disability. If you witness such behavior, please promptly contact an Elastic staff member. You further agree not to engage in any marketing, sales or similar activity, or attempt to engage in any marketing, sales or similar activity while at the Event and any related events, without the prior written consent of Elastic, including but not limited to any conduct aimed at inducing, soliciting, or any attempts to induce or solicit, any attendee into any business relationship of any kind. Elastic may require, in its sole discretion, participants engaging, attempting to engage, or threatening to engage in such behavior to leave the Event or related event immediately. Such participants will not be eligible to receive a refund of any fees paid to Elastic related to the Event.
- 9. Release of Claims. To the extent permissible by applicable law, you (for yourself, your heirs, personal representatives, assigns, and anyone else who might make a claim on your behalf) hereby release Elastic and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and costs) that you may have now or in the future associated in any way with the Event or the Content.
- 10. No Liability for Personal Property. Elastic is not liable for any damage to or loss of personal property that you or any other person acting on your behalf brings onto the Event premises. Elastic does not, by accepting any goods or property for safekeeping, furnishing any security services for the Event, or making any service available for storing lost and recovered items, accept any liability for damages to or loss of such personal property that you may suffer, except in the case of Elastic's gross negligence or willful misconduct.
- 11. Limitation of Liability. IN NO EVENT WILL (A) ELASTIC, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, SUCCESSORS OR ASSIGNS (THE "ELASTIC PARTIES") BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOSS OF OPPORTUNITY, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR RELIANCE DAMAGES OR (B) THE AGGREGATE LIABILITY OF THE ELASTIC PARTIES FOR ALL OTHER DAMAGES IN CONNECTION WITH THE EVENT EXCEED $100 USD.
- 12. Assignment. Neither party may assign or otherwise transfer these Terms or any of its rights and obligations under these terms without the prior written approval of the other party, provided that no such consent will be required to assign this Agreement in its entirety to (i) an affiliate that is able to satisfy the obligations of the assignor under this Agreement or (ii) a successor in interest in connection with a merger, acquisition or sale of all or substantially all of the assigning party's assets. Any assignment in violation of this Section 12 shall be void, ab initio, and of no effect. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
- 13. Changes. The Terms may be modified at any time by posting a revised version on Elastic's website (available at: https://www.elastic.co/agreements/event-registration-terms-and-conditions) or by providing other notice to you. By participating in the Event, you agree to the latest version of these Terms.
- 14. Compliance with Law. By participating in the Event, you represent and warrant that you are not listed on (a) the Commerce Department's Entity List, Denied Persons List, and Unverified List; (b) the Treasury Department's Specially Designated Nationals & Blocked Persons List; or (c) the State Department's Debarred Parties List (together, the "Restricted Lists") and will not transfer the tickets you purchase to any party listed on any Restricted Lists.
v 1.1, June 24, 2019