The following Registration Terms (“Terms”) apply to any party attending, exhibiting, vending or promoting at a Playcrafting event or class/course (“Participants”). The Terms will provide you with an understanding of the purchase and registration process for tickets to and ensure an understanding for your participation and involvement in Playcrafting events (including Play NYC) and enrollments in Playcrafting classes/courses (“Event”, “Events”). This is an agreement between Playcrafting, Inc. (“we”, “our”, “us”) and You, as Participant, (“you”, “your”) purchasing a ticket to, or registering as exhibitor or vendor for an event, or making a deposit for a class/course, whereby you warrant that you have read these Terms and agree to them.
BY PURCHASING THIS TICKET OR ATTENDING A PLAYCRAFTING EVENT, YOU ARE AGREEING TO THESE TERMS.
1. Event Access:
a. License to Event Access: Any successful registration to an event grants you a limited non-transferable license to attend the specific Event (“Event Access”). The right to Event Access is subject to the Terms and we retain the right to deny access in our sole discretion in case of non-
compliance to the Terms.
b. Payment and Credentials: You further understand that registration to some Events may require payment and Event Access may require you being in possession of personal credentials (including, without limitation, badges, wristbands, passes, giveaways, and tickets) (“Credentials”). Credentials are the sole property of Playcrafting and allow only the Credential holder who is also the registrant Event Access to the specific Event.
2. Registration and Payment for Events:
c. Credentials: If Credentials are a requirement for Event Access, these Credentials will be issued to, and can be picked up, downloaded, or printed only by the Participant named in the registration.
a. Refund Policy: Once purchased, refunds are at our sole discretion. If you fail to attend or cannot attend an Event, we have no obligation to refund your ticket purchase or offer substitutions for other Playcrafting Events.
b. Loss of Credentials: In the event that Event Access is subject to Credentials, we will not replace any Credentials that are lost or stolen.
c. Resale: The license to Event Access may not be transferred, resold or offered for resale, unless otherwise permitted by us in writing. Tickets may not be used for advertising, promotion, or other commercial purposes. This includes attempted sales of your credentials or Event Access through third party sites (such as StubHub or Craigslist). You may be refused entry to any event if you have purchased tickets and resold them, or if you are attempting to attend an Event with resold or transferred tickets.
4. Cancellations/Rescheduling: We reserve the right to cancel or reschedule Events as may be necessary in our sole discretion. If we cancel or reschedule an Event, we will notify you using the email you provided when registering and either refund your ticket price (in the event of a cancellation) or honor your ticket for the new date (at our sole discretion). If you cannot attend the new date, we will NOT be able to refund your ticket purchase. Exhibitors are required to have a functioning game at their booth for the entirety of the show. A violation of this policy will result in a fee of $300 and possible future suspension.
5. Photography and Right to Likeness: You understand that attending an Event may make you subject to photograph and or audio and video recording, which can include your image, name, voice and or likeness. By attending, you grant Playcrafting the permission to use the photographs and or audio and video recordings for commercial publicity and marketing purpose without compensation or credit in any and all media now known or hereafter devised (“use of likeness”), including, without limitation, displaying your likeness on our website or on flyers for advertisement. You may request that we end the use of your likeness by contacting us in writing at the email address below, and we will make commercially reasonable efforts to end the use in a timely manner.
You further grant us a license, for commercial publicity and marketing purpose without compensation or credit in any and all media now known or hereafter devised, to use any incidental video footage or photographs of any products, services, or other materials that you display, exhibit or vend at any Event.
6. Conduct: You agree to conduct yourself in a respectful manner during any Event and understand that participation is subject to our Code of Conduct under https://www. playcrafting.com/code-of-conduct/. We reserve the right to remove or deny access to any Participant who behaves disruptively in our estimation. You also agree to abide by any conduct requirements of any third party venue in which we hold an Event. Such codes, if applicable, are available from the respective venues.
7. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US OR ANY EVENT ATTENDEES, INSTRUCTORS, OR EXHIBITORS.
8. IN NO EVENT SHALL PLAYCRAFTING BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF ANY PARTICIPANT’S USE OF THE REGISTRATION, CREDENTIALS AND/OR PARTICIPATION IN THE EVENTS, EVEN IF PLAYCRAFTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Release and Indemnification: You agree to release, indemnify and hold harmless us, our parents, subsidiaries, affiliates, directors, members, officers, employees, agents and third party licensors, third-party publishers, necessary third-party platform providers, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys’ fees, with respect to (i) your access to an Event venue, participation at an Event or reliance upon information conveyed to you at an Event, (ii) your actual or alleged violation or breach of this agreement or rights of another, (iii) your interaction with other Participants and/or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this agreement.
10. Warranties: You warrant that you will comply with all applicable laws, regulations and local ordinances applicable to the venue of any Event you attend. Further, if you have registered to exhibit, vend or promote at Events, you hereby warrant that you own all right, title, and interest in, or otherwise have full right and authority to exhibit, vend or promote the material and content you are displaying and or vending, and that to the best of your knowledge your actions at the Event do not infringe the rights of any third party, including, but not limited, to third party trademarks, copyrights, and other property rights. We reserve the right to deny you Event Access if we deem in our sole discretion that the material and content you exhibit, vend or promote at the Event to be inappropriate and contrary to our Code of Conduct.
11. Governing Law and Venue for Disputes: This agreement, and your relationship with us under this agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Both you and Playcrafting consent to the jurisdiction of the New York State courts in New York County, NY and any Federal Courts within that jurisdiction.
12. Severability: If any provision in this agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this agreement shall remain in effect.
13. No Assignment, Sublicense or Transfer: You may not assign, sublicense, or transfer this agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this agreement.
14. Changes: We may make changes to this agreement from time to time and shall have no obligation to contact you in such an event. You agree to be bound by future changes unless you chose to discontinue your use of the Service. The most current version of this agreement will be available at: http://playcrafting.com/terms.
15. Entire agreement: This agreement sets forth the entire understanding and agreement between the parties relating to its subject matter and may only be modified by either a signed written agreement between us, or by our posting of changes to the Agreement as provided in Section 15 above. All provisions that should by their nature survive the termination of this agreement shall survive the expiration of this agreement including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.
If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org.