Terms of Service for Participation in the Event
(the “Terms of Service”)
By Participating in the Event or any part of the Event, each individual (each, a “Participant”) acknowledges that they have read, understood, and agree to be bound by these Terms of Service. As used herein, to “Participate” (or a Participant’s “Participation”) shall mean registering for, attending, accessing, entering or viewing the Event or any part of the Event, whether such Event is in a physical and/or digital format. If any Participant does not agree to these Terms of Service, such Participant should not Participate in the Event. In the event a Participant is a Minor (as defined herein), all uses of the term “Participant” in these Terms of Service shall also be deemed to include such Minor’s Guardian (as defined herein).
As used in these Terms of Service, “Management” shall be defined as MCM Expo Limited, a wholly-owned subsidiary of Reed Exhibitions Limited, and, to the extent applicable, any partner organisations which work with MCM Expo Limited to produce or manage the Event. The “Event” shall be defined as the MCM Comic Con Birmingham 2021 event owned, organised and managed by Management, including any live and/or virtual component(s) thereto. The “Venue” shall be defined as each venue where any live component(s) of the Event are held. The “Platform” shall be defined collectively as each distribution platform and/or digital service provider utilized by Management in connection with the Event, including, but not limited to, the Event website(s). A Participant’s “Credentials” shall be defined as a valid individual identifier provided by Management which entitles a Participant to Participate in the Event in some way, whether such Credentials are a physical object (including, but not limited to, a badge, ticket, wristband, or other authorised means of entry), or an intangible object (including, but not limited to, a unique code, account, login, link, or other digital identifier).
At any time, Management may amend these Terms of Service without notice to Participant by posting the amended Terms of Service on the Event website. The continued Participation in the Event by a Participant shall constitute acceptance of any such amended Terms of Service.
Assumption of Risk and Release
Participant acknowledges that there are hazards and risks incidental to Participating in the Event. By accepting Credentials and/or by Participating in the Event, Participant freely and voluntarily assumes any and all risks which are incidental to the Event, regardless of severity and regardless of whether or not caused by the negligence of Management, including, but not limited to, loss, property damage, injury or damage to persons and/or death. Further, Participant acknowledges that there is an inherent risk of exposure to communicable disease, including, but not limited to, COVID-19, in any public place where people are present, and, by Participating in the Event, Participant freely and voluntarily assumes any and all risks related to such exposure. Participant agrees to follow all health and safety instructions, guidelines, or standards issued by local, state, and federal governmental authorities, as well as any health and safety instructions, guidelines, or standards for the Event which may be posted on-site at the Venue, within the Platform (including on the Event website), or as otherwise provided to Participant by Management.
In consideration for Participating in the Event, Participant hereby releases and forever discharges Management, the Venue, the Platform, each of their parent, affiliated, and subsidiary companies, and each of their respective agents, employees, officers, directors, trustees, shareholders, contractors, sponsors, and any third parties acting on their behalf (collectively, the “Released Parties”) from any and all claims, actions, damages, liabilities, costs or expenses (including attorney fees) which are related to, arise from or out of, or are in any way connected to Participant’s Participation in the Event, whether or not such claims, actions, damages, liabilities, costs or expenses are caused by the negligence of the Released Parties or by the infringement or violation of any right. This release shall be effective and binding upon any heirs, agents, personal representatives or assigns of Participant (and of the Guardian if Participant is a Minor).
Incidentals to Participation
Participant acknowledges that he or she is solely responsible for any costs incurred in connection with any incidentals or expenses required in order to Participate in the Event or use the Credentials, including, but not limited to, travel, accommodations, Internet connection, mobile access, and/or the use of any personal devices. Except as may be required by applicable law, Management will not be responsible or liable for any costs associated with Participation in the Event and all such costs shall be borne solely by the Participant.
If physical Credentials are shipped to Participant, the title to such Credentials passes to Participant upon delivery of the Credentials from Management to the shipping company. To the extent such shipment of Credentials results in any duty or custom charges, Participant shall be solely responsible for such payment.
Access to the Event
Except as may be required by applicable law, Participant is solely responsible for ensuring that Participant is able to Participate in the Event, including, but not limited to, any requirements that Management specifies or makes available on the Event website, at the Venue or within the Platform. Management is not responsible for any technical difficulties arising as a result of Participant’s use of their own technology in connection with the Event.
Personal Property
Upon entry to any portions of the Event held in the Venue, all participants, their bags and other personal property may be subject to screening or security checks. Management expressly reserves the right to prohibit any personal property from entry into the Venue.
All personal property brought to the Event is done so at Participant’s own risk and Participant is responsible for safeguarding such property at all times. Participant hereby acknowledges and agrees that Management is not responsible for, and shall have no liability resulting from, any loss or damage to any personal property belonging to Participant, including, but not limited to, loss or damage resulting from fire, storms, acts of God, air conditioning or heating failure, theft, pilferage, bomb threats, roof leaks, other attendees participating in the Event or other causes, to the extent consistent with applicable law.
No personal property may be left unattended while in or around the Venue. Management will handle unattended property however Management deems appropriate in its sole and absolute discretion. Any personal property which is left within the Venue upon the conclusion of the Event shall be considered abandoned and handled by Management accordingly.
Use of Credentials
All Credentials are a revocable licence to Participate in the Event and Management reserves the right to revoke such licence at any time in Management’s sole reasonable discretion. Credentials may only be used by the same individual Participant for all relevant days of the Event.
Loss of Credentials
Any Credentials which are purchased by, or otherwise made available to, Participant must be protected and safeguarded at all times. Participant hereby acknowledges and agrees that Management is not responsible for, and shall have no liability resulting from, any loss or damage to any Credentials.
Resale of Credentials
Once purchased, Event Credentials are non-refundable and non-transferable and cannot be reproduced, resold or upgraded. In the event travel restrictions or any other event prevents a Participant from attending the Event, there will be no refund. No resale of Credentials shall be permitted, except with the prior written approval from Management. Credentials are immediately rendered void if altered in any way. The unauthorised resale of Credentials (including, but not limited to, “scalping”), the attempted unauthorised resale of Credentials, the unauthorised assignment of Credentials, the creation of counterfeit Credentials or the unauthorised transfer of any Credentials to a third party are strictly prohibited and constitute an immediate forfeiture of Participant’s Credentials without compensation from Management.
Removal from the Event
Management expressly reserves its rights to deny admission or entry, to remove, ban or eject a Participant, or to revoke or terminate any Participant’s Credentials or access to any part of the Event, without refund, liability or compensation, as a result of: (1) failure to comply with these Terms of Service; (2) any illegal, unsafe, offensive or threatened behaviour which Management could reasonably consider to be disruptive of the Event; or (3) circumstances which Management determines impact the safety, security, or order of the Event, each in Management’s sole and absolute discretion. Any such determination by Management shall be final.
Proper Attire
At all times in connection with the Event, Participant will wear proper attire, including shoes and shirts. Management reserves the right to deny access or remove from the Event any participant wearing inappropriate attire or attire that could detract from the Event overall, in Management’s sole and absolute discretion.
Restrictions on Eligible Participants
Please refer to the Event website for the full guidelines regarding the Event admissions policy. At any time, in its sole reasonable discretion, and except as otherwise prohibited by applicable law, Management may request that any Participant provide documentation relating to verification of their identification, age, industry credentials or certifications, whether or not described in these Terms of Service. Management reserves the right to deny entry, ban, or remove any Participant from further Participation in the Event if such Participant fails to provide the requested documentation or if such documentation is deemed insufficient by Management in its sole and absolute discretion.
Minors
A “Minor” shall be defined as any individual who is under eighteen (18) years of age or has not reached the age of majority as defined by such individual’s jurisdiction of residence. In order to Participate in the Event, including, but not limited to, admission into the Venue and access to the Platform, all Minors who are six (6) years of age or older will need their own Credentials. In order to Participate in the Event in any way, a Minor must obtain the permission of their parent or legal guardian (the “Guardian”) prior to any Participation, including, but not limited to, sending any information to Management, entering any sweepstakes or contests in connection with the Event, posting any information on the Event websites or Platform, or purchasing any Credentials or other goods or services related to the Event. The use of Credentials by a Minor or any Participation in the Event by a Minor is a representation and confirmation that such Minor has obtained the consent of their Guardian. Management recommends all Minors Participate in the Event with their Guardian; provided however, that Minors under the age of thirteen (13) MUST Participate in the Event with a Guardian, and if such Minor attends a live component of the Event they must be accompanied by a Guardian at all times in and around the Venue. NOTE: It is a Guardian’s sole responsibility to check the suitability of the Event for any Minors in such Guardian’s care, regardless of any official age restrictions which may be described in these Terms of Service.
Event Features
The Event’s operating hours, schedules, floor plans, exhibitors, vendors, guests and speakers are subject to change or cancellation without notice to Participants. All Event Features (as defined herein) are subject to availability and access is not guaranteed for all Participants. The “Event Features” shall be defined as any panels, special events, education sessions, classes, autographing sessions, photo ops, performances, screenings, webinars, networking events, or other activities held by Management (whether in-person or virtually) as part of the Event.
Access to certain Event Features may require an additional separately priced fee and/or will only be available to designated participants or types of Credentials. To the extent an Event Feature occurs at a specific time and for a specific set of participants, each authorised participant will only be permitted access to such Event Feature during the specific time determined by Management. Management reserves all rights to deny entry, ban, or remove any unauthorised participants from any such Event Feature.
Participant is solely responsible for Participating in the Event in a timely manner and for observing any specific times or time limits provided to Participant by Management. In the event Participant fails to Participate in any part of the Event at a specific time and Participant is subsequently unable to Participate in such part of the Event, Management shall have no obligation to provide a full or partial refund. Management is not responsible for delays and/or wait times in connection with any Event Features or with the Event itself. Management may reasonably change the time of an Event Feature in order to accommodate unexpected events, other Event Features being delayed or ending earlier than expected or later than expected.
Cancellation Policy
Management reserves the right to cancel or postpone the Event, or any part of the Event, on limited or no notice in Management’s sole discretion. In the event of a cancellation or postponement of the Event, Management shall not be responsible or liable for any costs, damages, fees, expenses or other compensation associated with the Event.
Intellectual Property Rights
For good and valuable consideration, and in exchange for the opportunity to Participate in the Event, Participant hereby authorises, permits and grants to Management, its parents, affiliates, sub-licensees, designees, agents and assignees (including, without limitation, any sponsors, exhibitors or contractors to the Event), and each of their respective assignees, sub-licensees and successors (collectively, the “Management Parties”), the royalty-free, absolute and irrevocable right and licence to (i) record, photograph, and/or film the likeness, voice, appearance and/or image of such Participant while Participating in the Event (collectively, the “Likeness”); and (ii) publish, reproduce, portray, distribute and/or otherwise use the Likeness in all media formats (whether now known or hereafter existing), worldwide, solely in connection with the distribution, promotion and publicity of both the Event (including future editions thereof) and Management’s general business, services or products.
From time to time, certain parts of the Event may allow Participants to submit, share, post, create, or otherwise distribute (collectively, “Distribute” or “Distributing”) content, which may include, but is not limited to messages, text, sound, images, videos, data or other materials originating with Participant (collectively, the “Participant Content”). For good and valuable consideration, and in exchange for the opportunity to Participate in the Event, Participant acknowledges that by Distributing any Participant Content as part of the Event, whether to Management directly, to the Management Parties, on the Platform or at the Venue generally, Participant thereby authorises, permits and grants to the Management Parties a royalty-free, irrevocable, non-exclusive, sub-licensable, assignable, unrestricted right and licence to publish, reproduce, portray, modify, adapt, transmit, distribute, create derivative works from, and/or otherwise use the Participant Content in all media formats (whether now known or hereafter existing), worldwide, solely in connection with the distribution, promotion and publicity of both the Event (including future editions thereof) and Management’s general business, services or products.
Please note that any Participant Content is Distributed solely at Participant’s own risk. To the furthest extent permitted by applicable law, Participant hereby agrees that Management shall not be liable for any unauthorised copying, use, disclosure or distribution of any Participant Content by third parties and Participant releases and forever waives any claims against Management for any such unauthorised copying or usage of the Participant Content under any theory. To the fullest extent permitted by applicable law, Management reserves the right to remove, discard, screen or edit any Participant Content at any time without notice to Participant in Management’s sole discretion and without any liability to Participant whatsoever. While Management has no obligation to monitor any Participant Content, Management reserves the right to do so and reserves the right to enforce the intellectual property rights of Management or of any third party.
The “Likeness” and all “Participant Content” shall collectively be defined as a Participant’s “Intellectual Property.” With respect to such Intellectual Property, Participant represents and warrants that:
Management reserves all rights and remedies against any participants who breach or violate these representations and warranties. Management is not liable for any Intellectual Property or for any loss or damage resulting therefrom and Management is under no obligation to store or return any Intellectual Property. While Management takes reasonable security measures in connection with the Event, Management does not guarantee the safety of any Intellectual Property and has no responsibility to do so.
Participant agrees and acknowledges they have read and understood this “Intellectual Property Rights” section and hereby expressly approves and consents to its terms, affirms their right and authority to agree to such terms, and waives all obligations and rights which such individual may have in connection therewith. For good and valuable consideration, for any Minor Participants, the Guardian hereby guarantees that the Minor shall not at any time disaffirm the release of the Intellectual Property by reason of the Minor’s minority or otherwise and hereby agrees to indemnify Management from any loss arising from any claims made by or on behalf of the Minors relating to this release.
Event Policies
At all times in connection with the Event, Participant is required to comply with and behave in accordance with (i) these Terms of Service; (ii) all applicable laws, ordinances, codes, regulations, standards and judicial or administrative orders; and (iii) any additional Event rules, regulations, policies, or procedures which may be posted at the Venue, on the Platform, or otherwise distributed to Participants by Management and as may be updated from time to time by Management (collectively, the “Event Policies”). By Participating in the Event, Participant acknowledges and agrees that Participant has read, agrees to comply with, and will behave in accordance with the Event Policies.
The Event Policies apply to EVERYONE Participating in the Event in any manner whatsoever, including, but not limited to, all Participants, exhibitors, speakers, guests, professionals, media, staff members, workers, contractors, volunteers, security or any other attendees or participants to the Event. Each Participant to the Event is solely responsible for their own conduct while Participating in the Event or any part of the Event. Guardians are solely responsible for the conduct of any Minors Participating in the Event or any part of the Event.
As part of the Event Policies, each Participant agrees that they will not, and will not directly or indirectly cause others to, do any of the following “Prohibited Activities” in connection with the Event:
Please note that Management has a ZERO TOLERANCE POLICY for harassment of any kind; and please review our full Anti-Harassment Policy on the Event website;
recreational devices such as drones, remote control toys, skateboards, scooters, inline skates or shoes with built-in wheels.
Ownership of the Event
The Event is owned and/or operated by Management. Unless otherwise indicated, any materials provided to Participant in connection with the Event including, but not limited to, any images, videos, logos, advertisements, promotional copy, information, data, content, educational materials, trademarks, service marks, and other materials displayed or distributed in connection with the Event (but excluding any Participant Content, as defined herein) (collectively, the “Materials”) are the property of Management, its affiliated companies or third-party licensors.
Each Participant is granted a limited, non-sub-licensable licence (i.e. a personal and limited right) to Participate in the Event and utilise the Materials solely for Participant’s personal use. Management may terminate this licence at any time, without notice. Each Participant agrees that nothing herein shall be deemed a grant of any intellectual property rights or other rights to use the Materials except as expressly provided by Management in writing. Any use of the Event or the Materials except as specifically authorised in these Terms of Service, without the prior written permission of Management, is strictly prohibited.
Participant agrees that they have no expectation of privacy or confidentiality with respect to the Event (including, without limitation, any “private” interactions with other Event participants and/or guests) and that Participation in the Event shall at all times be subject to these Terms of Service and may be monitored by Management without notice.
Privacy
By Participating in the Event or by submitting information to Management in connection with the Event, Participant agrees to the terms of Management’s Privacy Policy, located at http://privacy.reedexpo.com/ and which may be updated by Management at any time. The continued Participation in the Event shall constitute a Participant’s acceptance of any such updated Privacy Policy. All Participants are expected to review the Privacy Policy carefully before Participating in the Event and Participant acknowledges that, in the event of a conflict or inconsistency between these Terms of Service and the Privacy Policy, the terms of the Privacy Policy shall prevail, govern and control.
In addition, Participant authorises and permits Management to share Participant’s personal information, including, but not limited to, their contact information, with such affiliated entities, exhibitors, vendors, contractors, or third parties (i) with which Participant authorises in connection with the Event, including, but not limited to, scanning Credentials in connection with a live Event, accessing such third party’s content in connection with a digital Event, or utilising any Digital Technologies (as defined herein); and/or (ii) which may offer products, services, and/or goods that may be of interest to Participant. By use of a valid registration code, promotional code, discount code, coupon, or other code in connection with Participant’s registration for the Event, Participant thereby authorises and permits Management to share Participant’s personal information, including, but not limited to, their contact information, with such entities, exhibitors, vendors, contractors, or third parties associated with such code.
“Digital Technologies” are defined as the Platform; any distribution or technology platforms for any digital aspects to the Event; any on-site or web-enabled technologies, including, but not limited to, on-site Wi-Fi, on-site interactive kiosks, wearable beacon technology and/or RFID technology; and any mobile applications associated with the Event. The Event’s Digital Technologies are neither directed at nor intended for use by Minors under the age of thirteen (13). Management does not knowingly collect personal information from individuals under the age of thirteen (13), and if Management becomes aware that it has inadvertently done so, Management will promptly delete such personal information. All Minor Participants are hereby instructed not to access, or Participate with in any way, the Digital Technologies unless done so with the express consent of these Terms of Service by their Guardian. Further, Minor Participants under the age of thirteen (13) should only Participate in the Digital Technologies under the direct supervision of their Guardian, if such Participation is permitted by Management in Management’s sole discretion.
Security
Management reserves the right to modify, suspend, extend or terminate the Event, or any part thereof, or any Participant’s Participation thereto if Management determines, in its sole and absolute discretion, that the Event or any part thereof has been, or is suspected to be, tampered with or disrupted due to causes beyond Management’s control in a manner which may undermine or corrupt the security, integrity or feasibility of the Event or any portion thereof as contemplated herein. Although Management shall endeavour to ensure the security and integrity of the Event, in the event the Event or any part thereof is terminated or has any change in date, time, or location, for any reason beyond Management’s control, Management shall not be liable to Participant in any way and Management shall have no further financial obligations to Participant.
Additionally, Management is not responsible for the actions of any other Event participants in connection with the Event, including, but not limited to, any participant’s attempt to circumvent or otherwise interfere with the security, integrity, or proper conduct of the Event. Participant’s interactions with third parties, including, but not limited to, guests and other participants in connection with the Event, are solely between Participant and such third party. Participant acknowledges and agrees that Management will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions with third parties. Management is also not responsible for any problems or technical malfunction of any network or lines, servers or providers, equipment or software which are beyond Management’s control, including, but not limited to, any injury or damage to Participant or Participant’s property resulting from Participation in the Event.
Limitation of Liability
PARTICIPANT AGREES THAT PARTICIPATION IN AND TO THE EVENT, INCLUDING ANY SECURITY MEASURES USED BY MANAGEMENT TO PROTECT THE EVENT, ARE PROVIDED STRICTLY ON AN “AS-IS” BASIS. IN CONNECTION WITH THE EVENT, MANAGEMENT SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE WITH RESPECT TO THE EVENT, AND ANY REPRESTATIONS THAT THE EVENT OR THE SECURITY MEASURES FOR THE EVENT WILL BE FREE FROM DEFECTS, OPERATE OR BE FULFILLED WITHOUT ISSUE OR DELAYS, OR THAT THERE WILL BE NO CIRCUMVENTION OF THE EVENT OR ITS SECURITY MEASURES.
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL MANAGEMENT BE LIABLE FOR ANY CLAIM, LOSS, COST, EXPENSE, OR DAMAGE WHATSOEVER TO PARTICIPANT IN AN AMOUNT EXCEEDING THE SUM OF THE FEES ACTUALLY PAID TO PARTICIPATE IN THE EVENT.
Acknowledgment of Terms of Service
By Participating in the Event, Participant acknowledges and agrees that Participant has read, and agrees to comply with, the Terms of Service stated herein and agrees that these terms shall be construed by and governed in accordance with the laws of England and Wales and that, with respect to any dispute arising out of these terms, the sole and exclusive jurisdiction and venue shall lie with the courts of England and Wales. For the avoidance of doubt, registration for the Event, Participation in the Event, and/or the purchase or use of Credentials shall be considered acknowledgement of, and agreement to, these Terms of Service.
Authority
Management shall have sole authority over all aspects of the planning, promotion, production and operation of the Event, including without limitation, determining the Venue or the Platform, scheduling, rescheduling, and if, when and for how long the Event will occur.
Reservation of Rights; No Waiver
Management reserves all rights not expressly disclaimed in these Terms of Service. Management reserves the right to take any action that is reasonably necessary in the sole judgment of Management for the protection of the Event and/or the participants. Neither the failure of Management to require strict compliance with any provision of these Terms of Service nor the failure, delay or omission by Management in exercising any right with respect to any provision of these Terms of Service will be construed as a waiver or relinquishment to any extent of Management’s right to assert or rely upon any such provision or right in that or any other instance.
Survival
Any provision of these Terms of Service which imposes an obligation on a Participant after the Event concludes shall be deemed to survive the conclusion of the Event.
Severability
If any provision of these Terms of Service is judged to be invalid or unenforceable, the defective provision shall first be revised, limited or amended, consistent with the general intent of the provision, such that it is valid and enforceable, and the remaining provisions of these Terms of Service shall be unaffected and shall remain enforceable.
Headings
The section headings in these Terms of Service are for reference purposes only and shall not in any way affect the meaning or interpretations of these Terms of Service.
Integration; Non-Reliance; Remedies Cumulative
These Terms of Service, including the terms incorporated by reference herein, constitute a legal, valid, and binding obligation, enforceable in accordance with its terms. Participant acknowledges that in agreeing to these Terms of Service he or she has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms of Service. The rights and remedies provided by these Terms of Service are cumulative and use of any one right or remedy by either Participant or Management shall not preclude or waive the right to use any or all other rights or remedies. Such rights and remedies are given in addition to any other rights or remedies Participant and Management may have by law, statute, ordinance, or otherwise.
Health & Safety Acknowledgement
Please ensure that you have reviewed any guidelines, advisories or restrictions that may be in place for attendance at the Event.
Please be advised that a risk of exposure to COVID-19 exists in any event or public space, including the Event. Prior to registering for and attending the Event, please ensure you have read the latest UK government guidelines on COVID-19. By attending the Event, you acknowledge this inherent risk on behalf of yourself and/or any Minor for which you serve as Guardian, and, as a condition of entering the Event, you acknowledge, understand and confirm each of the following in accordance with applicable health guidelines:
Furthermore, the following key safety measures will apply to keep you and other Participants at the Event safe (these are obviously subject to change and Management will keep you posted of any changes):