Pluralsight Live: General Terms and Conditions
Last modified: May 4, 2018 (v. 1.0.0)
These are the terms (the “Agreement”) governing your attendance at and participation in Pluralsight Live (the “Event”). By registering for the Event, you agree to these terms, which form a binding legal contract between Pluralsight, LLC (“Pluralsight”) and the registered attendee or participant (“you”). If you are registering on behalf of another individual, it is your responsibility to ensure the person attending is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the attendee or participant aware of these terms and that they have accepted these terms.
1. Attendee Requirements
(a) Admittance. Your registration entitles you to admittance to the Event for which you have registered. Any and all other costs associated with your attendance (including without limitation travel and accommodation expenses) shall be borne solely by you, and Pluralsight shall have no liability for such costs.
(b) Use of Likeness. By attending the Event you acknowledge and agree to grant Pluralsight the right at the Event to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to Pluralsight includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.
(c) Event Content. You acknowledge and agree that Pluralsight, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time.
(d) Attendee Badge Usage. Attendee badges must be worn at all times in Event areas. Badges will be scanned at various checkpoints throughout the Event venue, including at sponsor booths. You consent to your name and email being shared with sponsors when you permit them to scan your badge at the Event.
(e) Visa Requirements. It is the sole responsibility of the attendee to take care of any government visa requirements. Attendees who require an entry visa should allow sufficient time for the application procedure. Attendees should contact the nearest embassy or consulate to determine the appropriate timing of their visa applications. Pluralsight will not contact embassies and consulates on behalf of visa applicants or provide any other assistance relating to visa issues. Failure to obtain a visa in advance of an Event does not constitute a valid basis for obtaining a refund.
2. Prohibited Conduct
(a) Limitations on Use. By registering and paying for the Event, you agree not to share, sell or trade your badge. If Pluralsight determines that you have violated this policy, Pluralsight may cancel your badge(s), retain any payments made by you, report you to law enforcement authorities, and ban you from future Events.
(b) Disruptive Conduct. You acknowledge and agree that Pluralsight reserves the right to remove you from the Event if Pluralsight, in its sole discretion, determines that your presence or behavior create a disruption or hinder the Event or the enjoyment of the Event by other attendees. All Pluralsight badges are the property of Pluralsight and must be returned to Pluralsight upon request.
(c) Suitcasing. “Suitcasing” refers to the practice of attending a trade show but “working the aisles” from a suitcase or briefcase, soliciting business from other attendees and exhibitors. For the good of the show and the exhibitors supporting the show, the only legitimate place to conduct business during show hours is within a contracted exhibit space on the show floor. Exhibiting companies are encouraged to protect their investment and report any violations to Pluralsight management. Attendees observed soliciting business in the aisles or other public spaces, or in another company’s booth, will be ejected from the Event and may be banned from future events in Pluralsight’s sole discretion.
(d) Photography, Recording, Live Streaming, and Videotaping. Attendees may not record or broadcast audio or video of sessions at Pluralsight Events. Pluralsight allows cameras on the show floor. Attendees may take pictures within the show for purposes of company or annual reports, company media pieces, marketing materials, etc.
(e) Unethical/Non-Compliant Marketing. Pluralsight reserves the right to deny admission to anyone who engages in or is reputed to engage in unethical or non- compliant marketing practices.
(f) In addition to the requirements and prohibitions set forth in this Section 2, Pluralsight may also exclude any prospective attendee from registering for or attending any Event, in Pluralsight’s sole discretion. Furthermore, Pluralsight reserves the right to cancel, in its sole discretion, any attendee’s registration upon refund of the admission fees paid to Pluralsight; provided, however, that if an attendee is cancelled for violating any prohibition or requirement set forth in this Section 2, Pluralsight may retain all fees paid.
(a) Payment. The payment of the applicable fees for the Event is due upon registration. If such payment is insufficient or declined for any reason Pluralsight may refuse to admit you to the Event and shall have no liability in that regard.
(b) Taxes. The fees may be subject sales tax, value added tax, or other taxes and duties which, if applicable, will be charged to you in addition to the fees.
4. Cancellation, Substitution, and Lost Badge Policy
(a) Cancellation of Registration. If you need to cancel, you must notify us via email at email@example.com by 11:59 p.m. Mountain Time on June 1, 2018. The subject line must include the word “CANCELLATION.” If you cancel by 11:59 p.m. on June 1, 2018, 50% of your registration fee will be refunded. Cancellations received after 11:59 p.m. Mountain Time on June 1, 2018 will not receive a refund.
(b) Substitution and Change Policy. Attendee changes or substitutions may be made to any attendee registration until the first day of the Event. Change and substitution requests must be sent to us at firstname.lastname@example.org. The subject line must include the phrase “CHANGE REQUEST.” Substitutions or changes done on site after the Event has commenced will be subject to a $200 administrative service charge. However, once you have received your badge on site, it cannot be changed, substituted, or reissued to a different person.
(c) Lost Badge Policy. If your badge is lost, a replacement will only be issued at the current onsite rate.
5. Registration Confirmation, Pluralsight Updates, and eSocial Networking Platform
(a) Once you have completed your registration, you will receive your registration confirmation by email. Please ensure that your valid email is entered correctly on the registration form. Be sure to check your junk email box to in case any of your Pluralsight email(s) are caught by spam filters.
(b) You will receive essential information for registered attendees electronically at the email address and mailing address that provided on your registration form.
(c) If you provide your Twitter handle as part of the registration process, you will also receive event-specific communication via Twitter. However, not all information will be made available via Twitter. Should you choose to download the Event mobile app, the contact information that you share in the app will be available for viewing by other Event attendees. You will also have the option to connect with other Event attendees via the mobile app.
(d) If you would like to opt-out of any of these benefits, please let us know. Please be aware that this opt-out is a general opt-out and you may not receive important announcements or updates related to the Event. Pluralsight will only send Event-specific announcements and updates to the email address you provide and will not use that email address for other marketing activities without your consent.
7. Intellectual Property
(a) All intellectual property rights in and to the Event, the Event content, and all materials distributed at or in connection with the Event are owned by Pluralsight or the Event sponsors or speakers presenting at the Event. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names appearing at the Event, in any Event content or in any materials distributed at or in connection with the Event for any reason without the prior written permission of Pluralsight.
(b) For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by Pluralsight; nor does this Agreement grant to you any right or license to any other intellectual property rights of Pluralsight, all of which shall at all times remain the exclusive property of Pluralsight.
8. Disclaimer of Warranties, Limitation of Liability
(a) Pluralsight gives no warranties in respect of any aspect of the Event or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Event is provided on an “as-is” basis. Pluralsight does not accept any responsibility or liability for reliance by you or any person on any aspect of the Event or any information provided at the Event.
(b) Except as required by law, Pluralsight shall not be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event or other aspect related thereto or in connection with this Agreement.
(c) The maximum aggregate liability of Pluralsight for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to Pluralsight under this Agreement.
Pluralsight’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. Pluralsight shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pluralsight’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Pluralsight’s prior written consent. This Agreement shall be governed by the laws of the State of Utah and the parties shall submit to the exclusive jurisdiction of the Utah courts. A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind Pluralsight in any respect whatsoever.