Terms & Conditions
Latest Update: April 1st, 2020
This agreement is between you (the “Participant”; “You”) and Hippogryph Productions LLC, a corporation incorporated in South Dakota, with a registered place of affairs at 910 Riverside Drive, app. 7B, New York, New York, 10032, United States (“RealTime Conference”; “we”, “us”).
These Terms and Conditions apply to (a) your use of the website www.realtimeconference.com (the “Website”), (b) your acquisition of a ticket to attend a conference or an event organized by RealTime Conference, online or in-person, free of charge or not (each an “Event” and together the “Events”) and (c) your participation and attendance to the Events (together, the “Services”).
- Acceptance of these Terms and Conditions. When you navigate and use our Website, you accept these Terms and Conditions. If you do not accept these Terms and Conditions, please do not use our Website.
- Disclaimer. The information contained on the Website is for general information purposes only. The information is provided by RealTime Conference and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website, or the information, services, products or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- Third Party Content. Through this Website, you are able to link to other websites, media or content which are not under the control of RealTime Conference (“Third Party Content”). We do not have control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Personal Information
- Third Party Websites. Third Party Content is subject to such third parties’ privacy policies and practices for handling personal information.
- ACQUISITION OF TICKETS FOR THE EVENTS
- “Ticket Price” means the amount determined by RealTime Conference to be paid by the Participant to acquire tickets for the Events. These amounts are set forth on the Website, and depend on the types of tickets being acquired by the Participant and the Event concerned. Notwithstanding the foregoing, RealTime Conference may offer Events free of charge or offer promotional codes resulting in the event being free of charge, at its sole discretion.
- Acceptance of these Terms and Conditions. When you acquire a ticket for an Event, you accept the Terms and Conditions set forth in this provision upon completion of the checkout process.
- Upon completion of the payment of the Ticket Price, the Participant will receive a receipt automatically generated by PayPal. If you do not receive a receipt within forty-eight (48) hours of your registration, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm your purchase by reaching out to us at . Only you may be aware of any problems that may occur during the purchase process. RealTime Conference will not be responsible for losses (monetary or otherwise) if you assume that an order was placed and failed to receive confirmation.
- Tickets. Tickets are received by e-mail within forty-eight (48) hours of your registration. If you do not receive your tickets, please confirm your purchase by contacting RealTime Conference at .
- Ticket Transfer. Tickets may be transferred to a third party, in which case, tickets may not be resold at a value superior to the Ticket Price set forth on the Website. To transfer a ticket to a different name, please reach out to . Upon accepting a transferred ticket, the Participant accepts these Terms and Conditions.
- Third Parties. If you acquire tickets for other Participants, you confirm that you have been authorized by such Participants to provide all requested information, including personal information, as required for the registration process. You represent and warrant that you are authorized to register such Participant and accept these Terms and Conditions on their behalf.
- If you use your credit card as a method of payment, you hereby authorize us to debit the Ticket Price and any related fees from your credit card. You represent and warrant that you have all the required authorization to provide us with the credit card information for payment. If we are required by law or by the administration thereof to collect any applicable taxes from you, you agree to pay such taxes to us concurrent with and in addition to the payment of the Ticket Price (and any other financial considerations payable pursuant to these Terms and Conditions).
- Promotional Codes. RealTime Conference reserves its right to offer promotional codes and discounts to partners or during specific promotional events, or as RealTime Conference considers appropriate. These are only valid on the indicated dates, and may be subject to additional terms and conditions if indicated in writing. Subject to applicable legislations, such promotions cannot be applied on earlier or later purchased tickets.
- Cancellation by Participant. If the event is offered free of charge, whether online or in-person, please communicate your cancellation with us by e-mail at at least forty-eight (48) hours before the Event. If you paid a fee to RealTime Conference for the Event, Participants may cancel (a) at least four (4) weeks in advance and RealTime Conference will reimburse one hundred percent (100%) of the Ticket Price and (b) at least two (2) weeks in advance and RealTime Conference will reimburse fifty percent (50%) of the Ticket Price. Any cancellation for a paid Event will be subject to a fifty dollars (50$) cancellation fees which will be deducted automatically from the amount of the reimbursement. RealTime Conference does not reimburse any amounts paid for cancellation within 2 weeks of the event.
- Cancellation by RealTime Conference. RealTime Conference reserves its right to cancel the Event. If the Event is cancelled, and you purchased a ticket, we will automatically issue you a full refund of the Ticket Price to the credit card or PayPal account or other method of payment used to make your purchase. This shall be the only remedy of the Participant in case of a cancellation by RealTime Conference, and in no event will we be liable for any loss or damage including, without limitation, direct, indirect or consequential loss or damage, or any loss or damage whatsoever arising from a cancellation by RealTime Conference except as it relates to the reimbursement of the Ticket Price contemplated in this provision. If the Event is provided free of charge, you agree and understand that we may cancel at any time, and we will have no liability whatsoever to you.
- Change of Date. RealTime Conference reserves its right to change theEvent date(s) at its sole discretion. In this case, Participants shall have a right to cancel their participation without any fees. We will automatically issue you a full refund to the credit card or PayPal account or other method of payment used to make your purchase, and in no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from a cancellation of an Event by RealTime Conference except as it relates to the reimbursement of the Ticket Price contemplated in this provision.
- Limited tickets. The number of tickets available for an Event may be limited. Participants are enlisted on a first come first serve basis.
- Accuracy of Information Provided. The Participant warrants and represents that the information provided as part of the registration process to the Event is accurate to be the best of the Participant’s knowledge. Participants are required to use their real names, and may not use aliases to attend an Event for security-related purposes. When registering for an Event, all fields market (*) are mandatory and must be provided. In case of an error or if you need to correct your information, please contact RealTime Conference at .
- Participation TO THE EVENTS
- Participation. You may only participate in our Events if you acquired a ticket for the Event, regardless of whether the tickets are paid for or not. Tickets are available online on the Website, and are not available at the door.
- Code of Conduct. You agree to follow any policies and codes of conduct posted on our website and/or reasonably shared with you from time to time by RealTime Conference. You agree to the following rules: (a) Participants may not ask questions that are disrespectful, discriminatory or otherwise not professional; (b) while healthy debates are encouraged, Participants must respect the opinions of other Participants and speakers; (c) Participants must avoid disruptive behavior during speaker sessions, such as by avoiding unnecessary noise and by arriving on-time to speaker sessions and (d) recording speakers sessions, taking pictures of others without permissions or otherwise breaching the privacy of others is not authorized. In addition, if the Event is made available through a telecommunication technology, the Participant must use such technology in accordance with their respective terms and conditions.
- Modification to the Programs. We reserve our right to modify the list of speakers and/or the agenda as justified in the circumstances. Unless the changes modify substantially and materially the nature of the Event, we shall not be liable for such changes
- Online Events.
4.4.1. When an Event is offered online and free of charge, RealTime Conference shall have no responsibility whatsoever for the technologies used to provide such Event, including, without limitation, the reliability of such technologies or the availability of the technology at the time of the Event.
4.4.2. When an Event if offered online and paid-for, RealTime Conference will reimburse Participants if they are unable to access the Event (or significant parts thereof) as a result of circumstances within RealTime Conference’s immediate control, which excludes; (a) equipment, data, materials, software, hardware, services and/or facilities provided by Participants; (b) acts or omissions of Participants; (c) issues arising from bugs or other problems in the software, firmware or hardware of third parties and (d) failures due to circumstances beyond RealTime Conference’s reasonable control that could not be avoided by its exercise of due care and (e) any outage, network unavailability, or downtime caused by third parties, such as Internet Service Providers. If the unavailability of the online Event is within the immediate control of RealTime Conference, RealTime Conference may opt to postpone the Event to a later that rather than reimburse Participants, in which case, such change of date shall be Participants’ only remedy in case the Event is not available, accessible or bug-free.
- Accommodations. Each Participant is responsible for their own accommodation and travel expenses, including parking and airfare. The Ticket Price does not include food and beverages.
- Permission to Use Image. During an Event, Participants may be filmed or photographed, including to broadcast on media (TV, radio, Internet, press and social media) or for the purposes of documentation, marketing or advertising by RealTime Conference or its partners. By participating in an Event, Participants give their explicit consent to the recording, use and/or dissemination by RealTime Conference of their voice, image, and expression in any promotional and marketing materials without limitation of time or territory. For greater clarification, this consent means that photos, videos and audio recordings taken during the Event may be placed on the Website or other websites, as well as used in marketing material, social media content, including by dissemination in audio or video format. Participants hereby waive any claims (existing or future), including for compensation from RealTime Conference for such use of their image, voice or expression for the purposes defined hereunder. You understand and agree that online Events may be recorded, and that while we try to remove audience questions from our recording, such questions may be recorded and used by RealTime Conference or its partner for marketing purposes, or for any purposes in their reasonable discretion. If you do not wish to give your consent for the use of your image or voice for such purposes, or if you wish to withdraw your consent, please communicate with us at . We will deploy commercially reasonable efforts to accommodate you, but we may not be able to provide you access to part or all of our Events.
- Additional Instructions. The Participants understand that their participation in the Events may be subject to additional rules and instructions as communicated from time to time to the Participants, such as it relates to recording speakers or to the use of telecommunication technologies for online Events. If a Participant is found to be in breach of such instructions or regulations, RealTime Conference may request the Participant to leave the Conference without any rights for reimbursement.
- Intellectual property
- Intellectual Property. RealTime Conference are the sole and exclusive owner of all right, title and interest in our intellectual property, including, without limitation, the Services, the underlying technologies, our logos and trademarks. For the avoidance of doubts, the visual material and content shared with Participants by speakers or by RealTime Conference are our intellectual property, and are only licensed to you for your personal use in the context of the Event. You may not re-use, re-sell, commercialize, publish or distribute our intellectual property without our written permission, except in the context of social media posts about the Events.
- Feedbacks. Realtime Conference welcomes and encourages feedback, comments and suggestions for improvements to the Services (“Feedback”).. RealTime Conference shall be the sole owner of such Feedback so long as they relate to the Services, and you hereby assign to RealTime Conference, without limitation of any kind, all of your rights, titles and interests therein, RealTime Conference accepting such assignment.
- You agree to defend, indemnify and hold RealTime Conference its officers, directors, agents, licensors, partners, payment processing partners, and employees (the “Representatives”), harmless from any and all damages (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by a third party (each a “Claim”) relating to or arising out of: (a) your breach of these Terms and Conditions (including any terms or agreements or policies incorporated into these Terms and Conditions or shared with you from time to time); (b) your use of the Services in violation of these Terms and Conditions or other policies, rules and instructions we make available to you, including those of third parties; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party and (d) any damages you may cause to the venue(s) selected for the Events, or third party material installed at the venue. If we choose to handle the Claim ourselves, you agree to cooperate with us in any way requested.
- To the extent permitted by applicable laws, the Services are provided on an “as is”, “where is” and “as available” basis. RealTime Conference expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, we make no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free or (c) the results that may be obtained from the use of the Services will be accurate or reliable. We do not represent and warrant that online Events are entirely secured, and it is your responsibility to use online services with caution.
- RealTime Conference shall not be liable for Participants’ belongings that may be lost, destroyed or stolen during an Event. Participants are responsible for ensuring the security of their belongings.
- Limitation of Liability
- To the extent permitted by applicable laws, or as otherwise set forth herein, RealTime Conference and its Representatives will not be liable to you or any third party, for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if RealTime Conference has been advised of the possibility of such damages). The maximum aggregate liability of RealTime Conference and its Representatives, and to the maximum extent permitted by applicable laws, shall be limited to the Ticket Price purchased.
- You hereby agree to release RealTime Conference from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party in connection with the Services.
- Nothing in these Terms and Conditions is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by wilful acts, negligence, breach of contract, breach of implied terms, or incidental or consequential damages. Accordingly, only those liabilities and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
- Export Control
- As a global company based in the US with operations in other countries, RealTime Conference complies with certain export controls and economic sanction laws. In accepting these Terms and Conditions, you represent and warrant that (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union or Canada has embargoed goods and services of the same type as the Conference and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specifically Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List, the U.S. Department of State’s Terrorist Exclusion List, the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List, the Consolidated List of Targets published by the United Kingdom, and similar lists, and (ii) that is subject to sanctions in any other country or (iii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
- Term ; Termination
- RealTime Conference may refuse to sell tickets to Participants or cancel tickets sold to Participants who are in violation of these Terms and Conditions or applicable local, state, provincial, national and other laws, or as necessary to protect RealTime Conference’s legal liability.
- All provisions of these Terms, that by their nature should survive termination of these Terms, will survive, including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choices of law and judicial form and intellectual property protections and licences, as well as consents to use Participants’ image.
- These Terms and Conditions shall otherwise terminate upon the completion of the Event related to the ticket purchased or acquired.
- Changes to these Terms and Conditions. We reserve our rights to make changes to these Terms and Conditions. If such changes are material, we will send an e-mail to Participants. Participants who disagree with any such changes must notify RealTime Conference in writing at , and RealTime Conference may accept such refusal, or issue a reimbursement for the tickets. Such notifications must be sent to RealTime Conference within fourteen (14) days of the notification of modification to these Terms and Conditions. After this delay, Participants will be deemed to consent to the modifications.
- Governing Laws and Jurisdictions. These Terms and Conditions are governed by the laws of New York, without regard to its conflict of laws rules. Any legal actions against RealTime Conference must be brought in front of competent courts in New York, New York, United States, unless stated otherwise by applicable laws, such as consumer protection laws.
- No Class Actions. To the maximum extent permitted by law, the Participant agrees that each Participant may bring claims against RealTime Conference only in its individual capacity, and not as a plaintiff or a class member in any purported class, consolidated, or representative proceeding.
- Assignment. RealTime Conference may assign, without your consent or your approval, these Terms and Conditions and our rights and obligations under these Terms and Conditions to an affiliate or to another entity in connection with a corporate transaction or otherwise. You may not assign these Terms and Conditions, except if stated otherwise in these Terms and Conditions.
- Interpretation. These Terms and Conditions describe the entire understanding and agreement of the parties and supersede all oral and written agreements or understandings between them related to its subject matter. If any provision of these Terms and Conditions is in violation of any governmental statute or regulations, or is illegal for any reason, said provision shall be self-deleting without affecting the validity of the remaining provisions. The waiver of a breach of any provision of these Terms and Conditions will not operate or be interpreted as a waiver of any other or subsequent breach.