Event Terms and Conditions

These Xsolla Event Terms and Conditions (“Terms”) shall govern your registration for, attendance of, and participation in any event organized by Xsolla. Such Events can be in-person or virtual (“Event”).

These Terms constitute an agreement between You (an individual who wishes to attend and/or participate in an Event) and Xsolla (USA), Inc., a company registered in the USA, State of California with company registration number C3140351 and with offices at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA (hereinafter referred to as “Xsolla” or “We,” “Us,” “Our”).

The information on each Event’s date, start time and ending time, venue, as well as the scope or agenda of the Event and other information related thereto shall be made available by Xsolla using any means it deems fit, including without limitation landing pages, social and email channels, invitation emails and tickets (hereinafter Event Information Source).

If You wish to attend and/or participate in an Event You shall be required to register on the website specifically indicated as the website for the Event registration, which may be Xsolla’s website or a website of a third-party registration services provider. There can be other means of registration as Xsolla deems fit in order to grant access to the Event. By registering to attend the Event, You agree to these Terms without modification and enter into a binding agreement with Xsolla.

Should registration to the Event be required via Xsolla’s website, You also agree to be bound by Our then-applicable Terms of Use of the website that enables the registration.

There might be cases (as Xsolla deems fit) where registration to attend the Event shall not be required, including without limitation the cases of private or VIP signature Events invitations which can be distributed in person or to a personal email. In this case, attending the Event shall be deemed accepting of these Terms without modification and entering into a binding agreement with Xsolla.

You confirm that the information that You provide to Xsolla at the time of registration is true, accurate, current, and complete.

An Event may have multiple tiers of access made available for registration.

Except as expressly provided otherwise in the Event Information Source, the Event is intended for persons of the age of majority in their state, province, or jurisdiction of residence (18 years old in the USA).

Any registration to attend the Event by anyone under the legal age of majority or by anyone who has not obtained their parent or guardian’s consent to do so is unauthorized and in violation of these Terms. If you are between the relevant minimum age and 18 years (or the applicable age of majority where you live), you and your parent or guardian must review these Terms together.

By registering to attend the Event, you represent and warrant that: (i) all Personal Data that you submit is truthful and accurate; (ii) you are the age of consent or older, or have your parent or guardian’s consent; and (iii) your attendance of the Event will not violate any applicable law or regulation, these Terms, the legal agreements or any other rules, policies or notices published by Xsolla.

You will not be allowed to attend the Event not intended for the persons under the age of majority if We believe that you are under the age of majority without parental/guardian permission.

Your participation in an Event may be free or may require You to pay a fee as the case may be. Information about the fee or statement that the Event attendance is free shall be made available in the Event Information Source.

If payment is required, You may be required to provide certain billing information, such as Your name, billing address, and bank card information to Xsolla or Our third-party website registration services provider.

You agree to pay all amounts due, including all taxes or duties associated therewith (including but not limited to sales, use, and withholding taxes).

If you receive a free ticket to the Event, you are solely responsible for registering for this Event. No claims for missing registration, cancellation of the Event, and any similar claims related to participation in the Event can not be brought to Xsolla.

Should payment for participation in the Event be required directly to Xsolla, You also agree to be bound by Our then-applicable Refund Policy.

Tickets to an Event may be transferable at Xsolla’s sole and absolute discretion and subject to any applicable transfer or refund policies.

To learn whether and how you may transfer your ticket to another person, please contact Us at
contact.us@xsolla.com

To be admitted to an Event, unless otherwise stated by Xsolla in the Event Information Source, you will be required to show your ticket or invitation as the case may be and in some cases, a valid and current government-issued photo identification.

Xsolla does not guarantee access to the Event or any related activities and reserves the right to refuse admittance to You at its sole and absolute discretion.

Some Events may also require you to pick up a badge, wristband, or any other means of identification (collectively referred to as Identification Means) at a designated check-in area during or prior to the Event. You will not be admitted to such Events without the applicable Event Identification Means.

You will not be allowed to attend the Event not intended for persons under the age of majority, if We believe that you are under the age of majority, without parental/guardian permission.

Events held virtually may require you to access the content in a specific way, which will be communicated to you by Xsolla or announced in the Event Information Source.

For virtual Events the platform or service used to deliver the Event may contain technological restrictions including but not limited to technological requirements for Your hardware used to access the platform.

For Your safety and the safety of all other attendees You should follow the Rules below:

7.1 At Events where Identification Means are required such Identification Means must be worn and visible at all times while you are attending the Event; they must not be shared with any person(s);

7.2 Bags may be checked upon entry or at other random times during the Event;

7.3 Bags or property left unattended may be removed;

7.4 Weapons, explosives, hazardous materials, and the like are prohibited from the Event;

7.5 Any and all other illegal materials are prohibited from the Event.

Xsolla is committed to organizing events that provide a safe and welcoming environment for all attendees and expects all attendees to promote the same.

Discriminatory, intimidating, abusive, derogatory or harassing conduct by any attendee, as determined solely by Xsolla and its authorized representatives, is not acceptable.
Unacceptable behavior includes but is not limited to:

8.1 Harassment includes but is not limited to offensive communications relating to gender, sexual orientation, disability, ethnicity, or religion; unwelcome sexual attention or physical contact or otherwise harassing an Event attendee;

8.2 Use or dissemination of pornographic material, sexually explicit material or other inappropriate adult content;

8.3 Using or threatening use of physical force against a person, creating discomfort or causing disturbance for the Event attendee;

8.4 Promoting or calling for violence, discrimination, harassment or hate speech;

8.5 Possession of a weapon or any item that may be used as a weapon, making threats about using a weapon;

8.6 Attempted or actual theft, destruction, and/or damage of any personal property or the Event venue, booths or the like;

8.7 Possession of open alcohol or smoking in areas other than those specifically designated for the consumption of alcohol or smoking, exhibiting drunken behavior;

8.8 Possession of illegal substances, including but not limited to drugs;

8.9 Failure to comply with any of the Event, venue, or virtual delivery platform or services’ rules and regulations or the instructions of Xsolla’s authorized representatives;

8.10 Any other illegal behavior.

As determined solely by Xsolla and its authorized representatives, if You are exhibiting unacceptable behavior, You may be asked to stop such behavior and You are expected to immediately comply with such instructions. Xsolla reserves the right to take any action it deems appropriate, up to and including removing You from the Event, prohibiting You from attendance and participation at future Events, and involvement of local authorities, to address such unacceptable behaviors. No refunds will be given, to the extent payment was required, if You are removed from an Event as per the above.

You may report unacceptable behavior to any Xsolla’s authorized representative, Event staff, or Event security.

At some Events food and beverages may be served. We do not serve alcohol to persons under 21 years old.

Xsolla at its sole discretion may use third-party services at the Event including but not limited to catering, entertaining etc. To the extent permitted by law Xsolla shall not be liable for any actions or omissions of such third parties at the Event.

Xsolla or Xsolla’s third-party contractors will be photographing, recording (audio and video), displaying (via web, podcast, blog, or social media), or otherwise memorializing the Event or parts thereof (collectively referred to as Recordings). You understand and agree that Your name, image, voice, feedback, content you submit, likeness, appearance, and/or other identifying characteristics may be included in a Recording and used by Xsolla.

By registering to attend the Event You fully consent to the commercial use of Your Recordings taken at the Event.

You irrevocably permit and authorize Xsolla to display, publicly perform, exhibit, transmit, broadcast, reproduce, photograph, digitize, modify, adapt, create derivative works of, license, and otherwise use any Recording (including You therein) and all materials created by or on behalf of Xsolla that incorporate a Recording or any part thereof on a perpetual basis globally and in any medium or format whatsoever now existing or hereafter conceived for the purpose of advertising, public relations, publicity, packaging and promotion of Xsolla, its Partners, or others and their business, products and services without further consent from or compensation to You.

You irrevocably transfer and assign to Xsolla Your entire right, title and interest, copyright if any, in and to the Recordings in any jurisdiction.

You acknowledge and agree that You have no right to review or approve Recordings before they are used by Xsolla or third parties and that neither Xsolla nor a third party has any liability to You with respect to such use. You also understand that Xsolla has no obligation to use the Recordings or to exercise any rights given by You herein.

You release Xsolla, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of the Recordings.

During the Event You may from time to time be offered the option to participate in free individual recordings and/or interviews (hereinafter referred to as Individual Recordings) for promoting purposes. Such Individual Recordings are voluntary and will only be conducted if you agree to participate in them.

Participation in such Individual Recordings shall be royalty-free and You agree that no compensation shall be paid to you for any such participation. You understand and agree that the same rules as described in this Section to Recordings shall apply to Individual Recordings.

If you are opposed to publication of any Individual Recording or have any concerns, please contact us at contact.us@xsolla.com, so we can remove it.

You can capture photos and videos (hereinafter referred to as Your Recordings) of the Event and its attendees only if you obtain express consent of Xsolla and the particular persons You capture photos and videos of.

You can demonstrate Your Recordings on the Internet including but not limited to posting them on any website, or social media, as well as making streams of the Event, only if You obtain the express consent of Xsolla.

If in Your Recordings You capture some of Xsolla’s marks, logos, or other designs (hereinafter collectively referred to as Marks) You shall not modify or alter Xsolla’s Marks; combine Xsolla’s Marks with third-party marks; adopt or register any Marks similar to Xsolla’s Marks; use Xsolla’s Marks or any portion thereof, as a domain name; or use Xsolla’s Marks in any manner that is likely to reduce, diminish, or damage the goodwill, value, or reputation associated with such Marks or violate the rights of any third parties.

You also agree not to use Xsolla’s intellectual property (including but not limited to Xsolla’s marks, logos, and designs) in any way to indicate that You have any ownership or control of Xsolla or its brands and products.

Any use of Xsolla’s intellectual property without Xsolla’s prior written consent is prohibited. These Terms do not constitute an acquisition of any intellectual property of Xsolla. All rights, title, and interest to Xsolla’s intellectual property shall remain in Xsolla.

You understand and agree that Your attendance at the Event is at Your sole and absolute discretion. You accept and assume all risks, including personal injury or damage to Your personal property, that You may face in Your attendance of or participation in the Event and any related activities. You waive any claims against Xsolla or any Event Partners related to the above-mentioned risks.

By attending the Event/ entering the venue, You voluntarily assume all risks related to exposure to COVID-19 and confirm that You will adhere to local quarantine requirements and guidelines.

To the fullest extent permitted by applicable law, You irrevocably waive all legal and equitable rights relating to any and all claims now known or hereafter known in any jurisdiction including but not limited to rights of privacy and publicity, any and all claims to damages, or violation of intellectual property rights arising directly or indirectly from the exercise of them; and whether resulting in whole or in part by the negligence of Xsolla. You further covenant not to make or bring any such claim against Xsolla and forever release and discharge the same from liability under such claims.

YOU REPRESENT THAT YOU ARE OF THE AGE OF MAJORITY AND HAVE READ THE RELEASE AND FULLY UNDERSTAND ITS CONTENTS.

Xsolla makes no warranty of any kind whatsoever, expressed or implied, that any information or materials, or anything else presented at the Event You will attend is accurate, valid, adequate, or fit for any purpose whatsoever.

To the fullest extent permitted by the law in each applicable jurisdiction, Xsolla, its officers, directors, shareholders, employees, affiliates, and/or agents shall not be liable to You for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever (however arising, including in the event of Xsolla’s fault, tort or negligence / strict liability), including any damages resulting from out of or referable to Your participation in the Event, including but not limited to any personal injury or property damage related to Your participation in the Event, as well as events beyond the reasonable control of Xsolla, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, epidemics/pandemics, explosions, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.

TO THE EXTENT PERMITTED BY LAW XSOLLA’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU WITH RESPECT TO THE EVENT GIVING RISE TO THE CLAIM.

By registering to attend the Event You agree to indemnify, defend, and hold harmless Xsolla, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, shareholders, licensors, partners, contractors or agents from and against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities and expenses (including reasonable attorneys’ fees) arising from or relating to Your breach of these Terms or arising out of a claim by any other Event attendee or any other third party related to any action or omission by You in relation to Your violation of any third-party right, including any intellectual property rights, privacy rights or any other type of claim that You caused damage to a third party at the Event.

Xsolla reserves the right at any time to cancel, delay, change, or postpone the Event in whole or in part for any reason without liability to You with respect to the Event and without prior notice to You. Upon Xsolla’s discretion, Xsolla can also notify You by means of posting the corresponding Event modification or cancellation information in the Event Information Source or through electronic mail to Your e-mail address stated by You during the registration.

In case of cancellation or modification to the Event as a result of force majeure (events or instances that are beyond the reasonable control of Xsolla, including but not limited to severe weather, earthquake, flood, or other act of God, acts of war, national or local emergencies, acts or threat of terrorism, civil unrest, strikes or other labor disputes, loss of power, epidemic, pandemic, quarantine, civil disorder, changes in law, governmental orders, general unavailability of the resources necessary for running of the Event, or any other similar or related instance or event), Xsolla shall not be held liable to You with respect to the Event.

Your privacy is important to Xsolla. This Data Protection Statement explains how Xsolla treats Your personal data and protects Your privacy and lists other general information handling practices.

Xsolla processes personal data that it receives either from You yourself through the Sign Up Form or that You otherwise share with Xsolla in connection with the Event or from another legitimate source (e.g. through a website of a third-party registration services provider) insofar as they are necessary for us to organize the Event.

We process or use the types of personal data listed below for the following purposes:

1. a.
   To organize the Event or to provide other services we need your first and last name, job title, contact details (address, telephone number, e-mail, etc.), and your company details to admit you to the Event and to ensure the smooth running of the Event.
2. b.
   For the Event Xsolla will draw up lists of attendees and provide these to the attendees within the framework of the Event. They serve in particular to promote professional networking and are part of the Event documentation. Usually, the attendee list contains company name, software name, company representative name and their contact details that they agreed to provide. You can object to the inclusion of Your data in the list of attendees or specify that particular data should not be included in the list. Should this be the case please contact Us at contact.us@xsolla.com when registering your participation, at the latest one week before the Event takes place.
3. c.
   Xsolla will use Your email address to provide information about the Event until You cancel Your subscription. You will only receive information relating to the Event schedule, its attendees, new articles, and important information that may affect you as the attendee. You can withdraw your consent at any time by contacting us at contact.us@xsolla.com. If You refuse to receive such emails Xsolla will not be responsible for any and all misinforming You about the Event.
4. d.
   The use of Our website or the Event website is generally possible without revealing any personal data. Should personal data be collected on our pages (for example name, address, or e-mail address) this is purely voluntary and as a rule only for rendering the services You have expressed interest in and for further correspondence.
5. e.
   In order to fulfill our obligations to you in relation to the Event, we may share relevant personal data with presenters, Event management, a third-party registration or online Event platform services provider, trainers, organizers, and Event service providers.
6. f.
   We may also share personal data with the Sponsors of the Event, which include companies that have partnered with us to support or sponsor the Event. These Sponsors may wish to communicate with you regarding their products, services, or offers that are relevant to the Event. Please note that these sponsors are selected based on their compatibility with the Event and the potential value their offerings may bring to you as an attendee.
7. g.
   With your explicit consent, we may use your personal information to provide you with information about future events, promotions, or opportunities that may be of interest to you. We may communicate with you via email, telephone, or other electronic means.You have the right to withdraw your consent for receiving marketing communications at any time by contacting us at contact.us@xsolla.com or by using the unsubscribe option provided in the marketing messages.

Within Xsolla only those units or persons who need Your data to conduct the business relationship or to provide the services You require have access to Your data. Should Xsolla have recourse in this context to external service providers, their access is strictly limited to what is needed to fulfill the contract or to provide the service. Through technical, organizational and legal measures We ensure that data protection regulations are also adhered to by Our external service providers. Under no circumstances do we pass on data to third parties for advertising purposes.

Xsolla processes and stores Your personal data as long as this is necessary for its contractual or legal obligations, or as long as we have Your consent.

Please remember that You should provide true, accurate, current and complete information about Yourself in every input field that You will decide to fill in. By providing information to Xsolla by any means, You consent to all actions taken by Us with respect to Your information in compliance with the Data Protection Statement.

If You register via Xsolla’s website (as the case may be) You should also read Our Cookie Policy on how You can manage Your online privacy when You register for the Event.

Any affected person has the right to access, the right to rectification, the right to erasure, the right to restrict processing, the right to object and the right to transfer their personal data and other rights under applicable data protection, data privacy and cybersecurity laws, rules and regulations, including, but not limited to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”), the California Consumer Privacy Act of 2018 (the “CCPA”), California Privacy Rights Act (the “CPRA”), Virginia Commonwealth Data Protection Act (the “VCDPA”), Connecticut Data Privacy Act (the “CTDPA”), and Colorado Privacy Act (the “CPA”). To exercise any of these rights, please contact Xsolla via the following email: contact.us@xsolla.com

Xsolla retains ownership over all feedback and suggestions Xsolla receives in connection with the Event from its Attendees. To the extent that You voluntarily provide any feedback, suggestions, or improvements to the Event, You acknowledge that You are assigning Your rights to the same.

These Terms and their interpretation, as well as any disputes that arise hereunder, shall be governed in all respects by the laws of the State of California, USA, without giving effect to any principles that may provide for the application of the law of another jurisdiction. Your national law may explicitly give you rights and obligations to resolve disputes in a manner different from the one indicated below. In this case, Your national law applies. The U.N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.

Most concerns can be resolved by use of Our support site at contact.us@xsolla.com. If We are unable to resolve Your concerns and a dispute remains between You and Xsolla, this section explains how we agree to resolve it.

A party that intends to seek arbitration must first send a written notice to the other party of its intent to arbitrate (“Notice”). The Notice to Xsolla should be sent by any of the following means: (i) via electronic mail to legal@xsolla.com; or (ii) by sending the Notice by certified mail to Xsolla (USA), Inc., Attn: Legal Department, 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, You or Xsolla may commence an arbitration proceeding.

The laws of the State of California, excluding its conflicts-of-law rules, govern these Terms; and (iii) You expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. You and Xsolla agree to submit to the personal jurisdiction of that court in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitration shall be resolved by arbitration by one arbitrator (“Arbitrator”) in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, Applicable Law, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website at www.adr.org, and the provisions of these Terms. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be Los Angeles, California, USA. The cost of any arbitration shall be shared equally by the parties, but the Arbitrator shall be authorized to enter, as part of the award to a party, an amount equal to reasonable attorneys’ fees and other costs related to the arbitration and, where appropriate, limited by the AAA Consumer Rules. The Arbitrator may award equitable relief. The Arbitrator’s decision(s) shall be final and conclusively binding on the Parties, and the judgment upon such award may be entered in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The Arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The Arbitrator must follow the Applicable Law, and any award may be challenged if the Arbitrator fails to do so. YOU AND XSOLLA AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitrator shall not consolidate another person’s claims with your claims and shall not preside over any type of representative or class proceeding. The Arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.

Any cause of action or claim You may have arising out of or relating to these Terms or the Event must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.

Xsolla reserves the right to amend, change, modify, add or remove portions of these Terms and other policies and /or agreements at any time, in its sole discretion, by posting the updated versions on its website, or on the Event website, or by making them available through the website of a third-party registration services provider. By continuing the registration or by attending the Event You will be deemed to have accepted such changes. If at any point You do not agree to any portion of the current version of the Terms or any other Xsolla’s policy or rule relating to Your attendance of the Event, then You must cease Your registration for the Event and not attend the Event. You understand and hereby agree that Xsolla may discontinue or restrict Your attendance at the Event for any reason and without notice or compensation.

Except as otherwise expressly set forth herein, in the event that any provision hereof is held to be unenforceable by a court or another tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the remaining portions hereof shall remain in full force and effect. These Terms constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersede any prior oral or written agreements. You agree that These Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties hereto.

Xsolla’s obligations are subject to existing laws and legal processes, and Xsolla reserves the right to comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

No agency, joint venture, partnership, or employment relationship is created between the Parties by way of these Terms. In the performance of their respective obligations hereunder, each Party is, and will be, an independent contractor. Except as expressly stated herein, neither Party will bind, or attempt to bind, the other Party to any contract or the performance of any obligation, and neither Party will represent to any third party that it has any right to enter into any binding obligation on the other Party’s behalf.

Neither Party may transfer or assign (voluntarily, involuntarily, by operation of law, or otherwise) these Terms or any of its rights or obligations hereunder, in whole or in part, without the other Party’s prior written consent, which shall not be unreasonably withheld, conditioned, or delayed.