This Virtual Event Addendum (this “Addendum”) supplements the Kapow Commercial Terms and Conditions, or the existing agreement (the “Agreement”) entered into by and between Kapow Events, Inc. ("Kapow") and the client purchasing services from Kapow as identified on the Event checkout page or in the existing agreement ("Client").
In the event of a conflict between the Agreement and this Addendum, this Addendum shall govern (provided however that the fact that a term or provision appears in the Agreement but not in the Addendum, or in the Addendum but not in the Agreement, shall not be deemed to be a conflict for purposes of this sentence).
- User Content. The Virtual Event and/or Virtual Reality Event Services may include interactive features and areas where Client or Client’s end-users may submit, post, upload, publish, email, send or otherwise transmit content, including but not limited to text, images, photos, videos, sounds, software and other information and materials (such content, “User Content”). Client retains full ownership or other rights in Client’s User Content and any intellectual property rights, or other proprietary rights associated with Client’s User Content. Client is solely responsible for the User Content Client makes available through the Virtual Event and/or Virtual Reality Event Services.
- Kapow has no responsibility or liability for User Content made available through the Virtual Event and/or Virtual Reality Event Services or through the Merchant’s platform, and Kapow has no obligation to screen, edit or monitor such content.
- Kapow makes no representation and warranty that User Content posted on the Virtual Event and/or Virtual Reality Event or uploaded on the Merchant’s platform will not be unlawfully copied or used without Client consent. By posting User Content on the Virtual Event and/or Virtual Reality Event Services, Client acknowledges and agrees that Kapow is not responsible for preventing such unlawful copying or use and that Kapow shall not be liable for any losses or damages Client may suffer as a direct or indirect result thereof.
- Client has the full and complete right to enter into this agreement and to grant to Merchant, the rights in the User Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Merchant of the User Content for the provision of the Services as contemplated herein.
- Acceptable Use. Kapow does not monitor or police the content of communications or User Content transmitted through the Virtual Event and/or Virtual Reality Event or provided to the Merchant, and Kapow is not responsible for the content of these communications or transmissions. Client shall use a Virtual Event and/or Virtual Reality Event services exclusively for authorized and legal purposes, consistent with all applicable laws and regulations.
- Restrictions. Client shall not (i) use the Virtual Event and/or Virtual Reality Event Service to send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material that violates third party privacy rights; (ii) use the Virtual Event and/or Virtual Reality Event Service to create, use, send, store, or run material containing software viruses, worms, Trojan horses or otherwise engage in any malicious act or disrupt the security, integrity or operation of the Products or Services; (iii) attempt to gain or permit unauthorized access to the Virtual Event and/or Virtual Reality Event Services or related systems or networks, including but not limited to conducting any penetration testing, denial of service attacks, or similar efforts; (iv) use the Virtual Event and/or Virtual Reality Event Services other than in compliance with all applicable laws and regulations; or (v) permit or assist any other party (including any user) to do any of the foregoing.
- Breach by authorized user. Any failure by an authorized user of the Virtual Event and/or Virtual Reality Event services to comply with this Agreement is deemed to be a breach by Client, and Kapow shall not be liable for any damages incurred by Client or any third party resulting from such breach.
CLIENT AGREES AND ACKNOWLEDGES THAT THE USE OF THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT SERVICES MAY REQUIRE THE CLIENT TO SHARE CLIENT DATA INCLUDING PERSONAL INFORMATION AND USER CONTENT DIRECTLY WITH THE MERCHANT TO AVAIL THE SERVICES AND THAT KAPOW DOES NOT REQUIRE THE CLIENT TO PROVIDE ANY CLIENT DATA INCLUDING PERSONAL INFORMATION OR USER CONTENT TO KAPOW. KAPOW ONLY SOURCES THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT BUT DOES NOT PROVIDE NOR HOST THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT SERVICES. CLIENT AGREES THAT KAPOW TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY OR INDEMNITY OBLIGATION TO CLIENT OR ITS REPRESENTATIVES, USERS OR ANY OTHER PARTY RELATED TO ANY SUCH CLIENT DATA INCLUDING PERSONAL INFORMATION OR USER CONTENT UNDER THIS AGREEMENT.
KAPOW IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT, INCLUDING WHETHER CAUSED BY THE MERCHANT OR BY ANY OF THE HARDWARE, SOFTWARE OR FUNCTIONALITY ASSOCIATED WITH OR UTILIZED IN THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT. THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT MAY CONTAIN LINKS TO OTHER WEBSITES. KAPOW IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE IN NO WAY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY KAPOW. INCLUSION OF ANY LINKED WEBSITE ON THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY KAPOW. KAPOW TAKES NO RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING CUSTOMERS, SPONSORS, ADVERTISERS, STRATEGIC PARTNERS OR AFFILIATES. KAPOW IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT. KAPOW ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY INFORMATION ON THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT. KAPOW IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMMUNICATIONS NETWORK OR LINES, ONLINE SYSTEMS, SERVERS OR PROVIDERS, HARDWARE OR SOFTWARE, DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT. UNDER NO CIRCUMSTANCES SHALL KAPOW BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT, ATTENDANCE OR PARTICIPATION IN A VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT, FROM ANY CLIENT DATA OR USER CONTENT OR CONTENT POSTED ON OR THROUGH THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT, OR FROM THE CONDUCT OF ANY USERS OF THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT, WHETHER ONLINE OR OFFLINE. THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT IS PROVIDED “AS-IS” AND AS AVAILABLE AND KAPOW EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KAPOW CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT.
THE VIRTUAL REALITY EVENT MAY FROM TIME TO TIME INCLUDE ACCESS TO HARDWARE, SOFTWARE AND CONTENT THAT WHEN USED CORRECTLY AND IN ACCORDANCE WITH THE INSTRUCTIONS OF THEIR RESPECTIVE MANUFACTURERS OR DEVELOPERS ENABLE USERS TO EXPERIENCE 3-D CONTENT OR VIRTUAL REALITY OR BOTH (THE “VIRTUAL REALITY SERVICES”). BY USING THE VIRTUAL REALITY SERVICES, CLIENT REPRESENTS AND WARRANTS THAT CLIENT HAS READ AND UNDERSTOOD ALL APPLICABLE HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS PRIOR TO USING THE VIRTUAL REALITY SERVICES. THE RESPECTIVE MANUFACTURERS AND DEVELOPERS MAY UPDATE OR REVISE THESE WARNINGS AND INSTRUCTIONS AND IT IS CLIENT’S RESPONSIBILITY TO REVIEW THEM PERIODICALLY. CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT CLIENT’S ACCESS TO AND USE OF THE VIRTUAL REALITY SERVICES IS AT CLIENT’S SOLE RISK AND KAPOW SHALL BEAR NO LIABILITY FOR ANY INJURY CLIENT OR CLIENT’S END USER SUFFERS AS A DIRECT OR INDIRECT RESULT OF ACCESSING OR USING THE VIRTUAL REALITY SERVICES. IF CLIENT OR CLIENT END USER BELIEVES THAT THEY MAY SUFFER ANY INJURY AS A RESULT OF ACCESSING OR USING THE VIRTUAL REALITY SERVICES, WHETHER DIRECTLY OR INDIRECTLY, CLIENT OR CLIENT END USER SHOULD NOT USE THE VIRTUAL REALITY SERVICES. KAPOW MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE SUFFICIENCY OR COMPLETENESS OF THE HEALTH AND SAFETY WARNINGS OR ANY OTHER CONTENT CONTAINED IN THE MERCHANT’S OR OTHER THIRD-PARTY MANUFACTURERS OR DEVELOPERS’ SITES NOR TO THE APPLICABILITY OF SUCH WARNINGS TO ANY INDIVIDUAL USER OF THE VIRTUAL REALITY SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VIRTUAL REALITY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND KAPOW EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, KAPOW DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE VIRTUAL REALITY SERVICES WILL BE ACCURATE OR MEET CLIENT REQUIREMENTS; (B) THE OPERATION OF THE VIRTUAL REALITY SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE VIRTUAL REALITY SERVICES AND CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY KAPOW WILL CREATE A WARRANTY.
USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE VIRTUAL EVENT AND/OR VIRTUAL REALITY EVENT AND CLIENT DATA. ACCORDINGLY, KAPOW CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET.
To the fullest extent not prohibited by applicable law, Client agrees to indemnify, hold harmless and defend Kapow Indemnified Persons from and against any and all claims, actions, losses, liabilities, damages, judgments, interest, fines, penalties, costs and expenses (including reasonable attorneys' fees and all other expenses of investigation and defense (collectively, "Legal Costs")), arising out of, relating to, resulting from or in connection with: (i) any breach or violation of this Addendum, and (ii) any Client Data (including, for avoidance of doubt, User Content) infringes any patent, copyright or registered trademark, misappropriates a trade secret, or violates a privacy or publicity right of a third party (all of the foregoing collectively, "Claims").
Last Revised: May 07, 2020