These Sponsorship and Festival Marketing Terms and Conditions (“Terms and Conditions”)  and the separately executed Sponsorship Agreement entered into by and between Organizer and Sponsor (“Sponsorship Agreement,” and collectively with these Terms and Conditions and the Policies, the “Agreement”), into which these Terms and Conditions are incorporated by reference, constitute a binding agreement between Organizer and Sponsor.  Capitalized terms used herein but not otherwise defined shall have the meaning set forth in the Sponsorship Agreement.

1. Term. The Agreement shall commence on the effective date of the Sponsorship Agreement and shall remain in force until the conclusion of the applicable Rewired Fest described in the Sponsorship Agreement (the “Term”), unless earlier terminated as permitted herein.
2. Obligations of Sponsor.

2.1. Sponsorship Fee. Sponsor will pay Organizer the fee set forth in the Sponsorship Agreement, in accordance with the payment schedule set forth therein. Sponsor agrees that the fee is non-refundable. In the event that Sponsor fails to timely pay any amounts when due, Organizer may: (a) charge interest on overdue amounts at the rate of 1.5% per month or, if less, the maximum rate permitted by applicable law; and (b) suspend its performance of this Agreement and all sponsorship benefits.

2.2. Additional Costs. For the avoidance of doubt, Sponsor is responsible for all of its own costs and expenses in connection with the Rewired Fest. Sponsor must pay for all activation/exhibitor and marketing costs, in addition to the sponsorship fee. Organizer shall only provide the Rewired Fest location. For example, Sponsor shall pay all of its own expenses for things such as: event product costs for display and sampling, delivering and storing its own product(s), power, Wi-Fi, signage, transportation/fees/per diem/lodging of Sponsor’s employees, independent contractors, staff, guests, panelists and celebrities that Sponsor wishes to bring to the Rewired Fest site.

3. Sponsorship Rights and Benefits. Subject to Sponsor’s fulfillment of its obligations hereunder, including without limitation its payment obligations, Organizer will provide Sponsor with the sponsorship benefits set forth in these Terms and Conditions and in the Sponsorship Agreement.
4. Proprietary Rights. 

4.1. Licenses.

4.1.1. Organizer Licenses. Organizer hereby grants to Sponsor a limited, non-exclusive, non-transferable and non-sublicensable license to use Organizer’s name, logo, service marks and trademarks (“Organizer Licensed Marks”) solely to promote the Rewired Fest during the Term. Sponsor shall not sublicense or transfer Sponsor’s license to use the Organizer Licensed Marks to any person or entity without the prior written consent of Organizer. Sponsor may only use the Organizer Licensed Marks for the limited purpose of advertising its affiliation with the ReWired Fest. Organizer hereby reserves all rights not expressly granted to Sponsor hereunder.

4.1.2. Sponsor Licenses. Sponsor hereby grants to Organizer a limited, non-exclusive and perpetual license to use Sponsor’s name, logo, service marks and trademarks (“Sponsor Licensed Marks”) to: (a) promote the Rewired Fest; and (b) include Sponsor in listings and descriptions of Rewired Fest sponsors, including for Rewired Fest promotional activities in subsequent years and to promote future events. Sponsor understands and agrees that Organizer may photograph and/or record all or any part of the Rewired Fest and Sponsor understands that such recordings may contain incidental inclusion of the Sponsor Licensed Marks and Organizer shall have the worldwide, perpetual, irrevocable and royalty free right to reproduce, distribute, transmit, publicly perform and publicly display all such photographs and recordings.

4.2. Announcements and Confidentiality. Sponsor and Organizer each acknowledge that these Terms and Conditions and the terms set forth in the Sponsorship Agreement, and all non-public information and data provided by each party to the other pursuant to this Sponsorship Agreement, whether in writing, orally, electronically or in any other form or medium, and whether or not marked or designated “confidential” (collectively, “Confidential Information”), are confidential. Confidential Information shall not include information that is: (a) in the public domain without breach of this Section by the receiving party or its Representatives; (b) known to the receiving party at the time of disclosure; or (c) is rightfully obtained by the receiving party on a non-confidential basis from a third party. Sponsor and Organizer each agree that they will not use Confidential Information for any purpose other than in connection with the performance of its obligations or the exercise of its rights under the Agreement, or disclose Confidential Information to any person other than its officers, employees, agents, representatives, attorneys, accountants, financiers, banks, distributors, wholesalers, retailers, exhibitors, licensees and permitted assignees (“Representatives”) on a need-to-know basis only. The receiving party will be liable for any breach of this Section 5.2 by its Representatives. In the event that disclosure of Confidential Information is compelled by law, subpoena or court order, the receiving party shall, to the extent permitted by applicable law, provide prior written notice of such disclosure to the disclosing party in order to allow the disclosing party to contest such disclosure and seek a protective order or other remedy. Neither party will issue any press release or public announcement which mentions the actual terms of these Terms and Conditions or those set forth in the Sponsorship Agreement without the prior written approval of the other party; provided, however, that either party may make public statements without the other party’s consent regarding the fact that Sponsor is a sponsor of the Rewired Fest.

5. 5.  Insurance. Sponsor is required to carry property and liability insurance in amounts sufficient to cover any losses or liabilities Sponsor may incur in connection with the ReWired Fest, including without limitation, due to damage or loss to Sponsor’s property or injury to the person and/or property of others. Without limiting the generality of the foregoing, during the Term, Sponsor shall maintain at a minimum the following insurance from an insurance company rated B+ or above by A.M. Best Company (or equivalent insurance rating agency):

(a) Workers’ compensation/employer’s liability insurance in compliance with the laws of the state where the ReWired Fest is held, with a liability limit that complies with statutory requirements; and

(b) General commercial liability insurance, including contractual liability and advertising injury coverage, with a minimum liability limit of not less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate.

The foregoing coverage shall: (i) name Organizer,and its affiliates, the applicable ReWired Fest facility owner, and any other official Sponsor service contractor as additional insureds; (ii) shall be primary and not contributory with respect to any other policy under which Organizer is a named or additional insured; and (iii) shall cause Sponsor’s insurer(s) to waive all rights of subrogation against Organizer, its affiliates and the applicable ReWired Fest facility owner.

Sponsor represents and warrants that it has all such insurance in effect and that it shall maintain all such insurance at all times during the Term. Sponsor shall provide a certificate of insurance evidencing the required coverage upon execution of the Sponsorship Agreement and at any time thereafter upon Owner’s request.

6. Default and Termination. Either party may terminate the Sponsorship Agreement and these Terms and Conditions if the other party is in breach of the Sponsorship Agreement or these Terms and Conditions and fails to cure such breach within thirty (30) days of receipt of written notice thereof. In addition, Organizer may terminate the Sponsorship Agreement and these Terms and Conditions: (a) by written notice to Sponsor if Sponsor fails to pay any amounts under the Sponsorship Agreement when due; or (b) in the event that Sponsor becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.

Upon the termination or expiration of the Sponsorship Agreement and these Terms and Conditions, each party shall return or destroy all Confidential Information of the other party. Provisions of these Terms and Conditions, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of the Sponshorship Agreement and these Terms and Conditions, including, without limitation, Sections 2.1, 4.1.2, 4.2, 6, 7, 8 and 10.5 of these Terms and Conditions.

7. 7. Representations, Warranties and Covenants.

7.1. Organizer. Organizer hereby represents and warrants that (a) Organizer is a corporation duly organized and validly existing under the laws of the State of Delaware; and (b) Organizer has the full right, power, and authority to enter into and perform these Terms and Conditions and the Sponsorship Agreement. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7.1, ORGANIZER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ORGANIZER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES ARISING FROM USAGE OF TRADE AND COURSE OF DEALING. ORGANIZER DOES NOT REPRESENT OR WARRANT THAT SPONSOR’S SPONSORSHIP OF THE REWIRED FEST WILL PRODUCE ANY SPECIFIC RESULTS.

7.2. Sponsor. Sponsor hereby represents and warrants that (a) Sponsor is a limited liability company,  corporation or other legal entity duly organized and validly existing under the laws of the applicable State of filing as indicated on the Sponsorship Agreement; and (b) Sponsor has the full right, power, and authority to enter into and perform pursuant to these Terms and Conditions and the Sponsorship Agreement.

8. Indemnification.

8.1. Sponsor. Sponsor will defend, indemnify and hold harmless Organizer, any parent, affiliate, distributor, licensee or assignee of Organizer, and its and their respective owners, shareholders, members, managers, officers, directors, employees and agents from and against all Claims (as defined below) arising out of or in connection with: (a) infringement or misappropriation of the intellectual property rights of a third party arising out of the Sponsor Licensed Marks or Organizer’s use thereof; (b) any material, services, goods or products of any kind supplied by or on behalf of Sponsor hereunder, including, but not limited to, foods, drinks and other consumables distributed or handed out at the Rewired Fest; (c) violation of applicable law by Sponsor or any subcontractor, supplier or service provider engaged by Sponsor; (d) personal injury, death or damage to property arising out of the acts or omissions of Sponsor or any subcontractor, supplier or service provider engaged by Sponsor; or (e) any breach by Sponsor of any representation, warranty, covenant or obligation set forth in these Terms and Conditions or the Sponsorship Agreement. Sponsor will not settle any such Claim without the prior written consent of Organizer, which shall not be unreasonably withheld.

8.2. Organizer. Organizer will defend, indemnify and hold harmless Sponsor, any parent or affiliate, and its and their respective owners, shareholders, members, managers, officers, directors, employees and agents from and against all Claims arising out of or in connection with: (a) infringement or misappropriation of the intellectual property rights of a third party arising out of the Organizer Licensed Marks or Sponsor’s permitted use thereof; or (b) Organizer’s violation of applicable law.

8.3. “Claims” shall mean third-party claims, suits, losses, damages, liabilities, actions, demands, judgments, settlements, costs and expenses of any kind, however named (including without limitation reasonable attorneys’ fees and costs).

9. Waiver of Injunctive Relief / Remedies. Sponsor’s rights and remedies in the event of a breach of any terms and conditions of these Terms and Conditions or the Sponsorship Agreement shall be limited to sole and exclusive right, if any, to recover monetary damages in an action at law, and in no event shall Sponsor, its affiliates, successors or permitted assigns be entitled to enjoin or restrain or otherwise interfere with the operation or promotion of the Rewired Fest, or with the publication or dissemination of any advertising in connection therewith. Organizer’s rights and remedies in the event of a breach of any terms and conditions of these Terms and Conditions or the Sponsorship Agreement shall be limited to the sole and exclusive right, if any, to recover monetary damages in an action at law.  

TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR LOST PROFITS, REVENUE OR LOSSES DUE TO BUSINESS INTERRUPTIONS, OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR EXEMPLARY/PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE) AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT OR THE REWIRED FEST EXCEED THE TOTAL SPONSORSHIP FEE ACTUALLY PAID BY SPONSOR TO ORGANIZER HEREUNDER.

10. General.

10.1. Notices. All notices, accountings, payments and any other document that either of the Parties is required or may desire to serve upon the other party (“Notices”) must be in writing and shall be deemed to have been duly given or made: (a) if sent by personal delivery, on the day it is delivered; (b) if sent by registered or certified mail, postage prepaid and return receipt requested, on the fifth day after depositing in the mail; or (c) if sent by a nationally-recognized overnight or express courier, all postage and other charges prepaid, on the next business day after it is sent. Notices to Organizer will be sent to Organizer at TI Solutions Inc. Attention: Business and Legal Affairs, 3435 Ocean Park Blvd., Ste. 107-628, Santa Monica, CA 90405, with copy to legal@trustedinfluenceinc.com; and Notices to Sponsor will be sent to Sponsor at the address provided on the Sponsorship Agreement.

10.2. Force Majeure. Organizer shall not be liable for any failure or delay in its performance of the Agreement, or any inability to hold the ReWired Fest, as a result of any cause beyond its reasonable control, including without limitation acts of God, strikes, labor disputes, government requisitions, restrictions or regulations on travel, hotel or facility availability, commodities or supplies, war or apparent act of war, terrorism, disaster, civil disorder, epidemic or pandemic, curtailment or restriction on transportation facilities, or any other comparable calamity, casualty or condition (collectively, “Force Majeure”) . Organizer does not assume responsibility for any additional costs, charges, or expenses, including but not limited to charges made for travel and lodging.

10.3. Event Postponement. If the Rewired Fest is postponed due to Force Majeure, Organizer will use commercially reasonable efforts to ensure that Sponsor will still receive exposure via the digital platform, and, if included in the original Sponsorship Agreement, in the In-Store program. Sponsor will have the option to roll the agreed sponsorship fees into the rescheduled in-person event in the following year or receive a 30% refund on their sponsorship fees and terminate the Sponsorship Agreement and these Terms and Conditions.

10.4. Severability; Entire Agreement; Modifications. The invalidity or unenforceability of any provisions of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement, which shall remain in full force and effect. The Agreement is the complete and final agreement between the parties with respect to the subject matter hereof. The Agreement may not be changed or modified, or any covenant or provision hereof waived, except by an agreement in writing.

10.5. Governing Law; Exclusive Jurisdiction. The  Agreement will be construed in all respects in accordance with the laws of the State of Delaware applicable to agreements entered into and to be wholly performed therein. No delay in enforcing any right under the Agreement will constitute a waiver of such right.

10.6. Rules of Construction. Section headings are used for convenience only, and will not be used to interpret or construe the provisions of the Agreement.

10.7. Relationship of the Parties. The relationship of the parties is that of independent contractors only. Nothing contained in the Agreement  is intended or is construed to create any association, agency, partnership, joint venture or labor relationship, whether actual or apparent between the parties. Except as may be expressly provided herein, no Party shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of any other Party or to bind any other Party to any contract, agreement or undertaking with any third party.

10.8. Amendments to Standards, Rules and Policies. Organizer reserves the right to modify all standards, rules and policies, and to adopt additional standards, rules and policies in its sole discretion. Any such additions and modifications shall be made available promptly to Sponsor and shall be effective immediately upon adoption, and Sponsor agrees to comply with all such modifications and additions.

10.9. Assignment. Neither party may assign its rights or obligations under this Agreement without the express prior approval of the other party, provided however, each party may, by written notice to the other party, freely assign this Agreement to any successor in interest in connection with any sale or transfer of a majority of its assets or voting power, whether by merger, change of control, reorganization or other similar transaction so long as all obligations of the assigning party hereunder are assumed by the assignee in writing.

Thank you for choosing to be part of our community at ReWired Fest LLC (“Company“, “we“, “us“, “our“). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at info@rewiredfest.com.

When you visit our website rewiredfest.com (the “Website“), and more generally, use any of our services (the “Services“, which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately. 

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as, any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect. 

TABLE OF CONTENTS 

1. WHAT INFORMATION DO WE COLLECT?
2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
3. HOW LONG DO WE KEEP YOUR INFORMATION?
4. HOW DO WE KEEP YOUR INFORMATION SAFE?
5. WHAT ARE YOUR PRIVACY RIGHTS?
6. CONTROLS FOR DO-NOT-TRACK FEATURES
7. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
8. DO WE MAKE UPDATES TO THIS NOTICE?
9. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
10. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us.

 In Short:  We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; email addresses; and other similar information.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected.

 In Short:  Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.

 We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

 The information we collect includes:

• • Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).

• • Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.

• • Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services. 

2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

 In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

 We may process or share your data that we hold based on the following legal basis:

• • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

• • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

• • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

• • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

• • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

• • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

• • Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

• • Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

3. HOW LONG DO WE KEEP YOUR INFORMATION?

 In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

 We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 2 years.

 When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

4. HOW DO WE KEEP YOUR INFORMATION SAFE?

 In Short:  We aim to protect your personal information through a system of organizational and technical security measures.

 We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

5. WHAT ARE YOUR PRIVACY RIGHTS?

 In Short:  In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

 In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

 If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

 If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

 If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

6. CONTROLS FOR DO-NOT-TRACK FEATURES

 Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. 

7. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

 In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

 California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

 If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice

 The California Code of Regulations defines a “resident” as:

 (1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

 All other individuals are defined as “non-residents.”

 If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels;

• Participation in customer surveys or contests; and

• Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at info@rewiredfest.com, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data. 

ReWired Fest LLC has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. ReWired Fest LLC will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data

 Right to request deletion of the data – Request to delete

 You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

 Right to be informed – Request to know

 Depending on the circumstances, you have a right to know:

• whether we collect and use your personal information;

• the categories of personal information that we collect;

• the purposes for which the collected personal information is used;

• whether we sell your personal information to third parties;

• the categories of personal information that we sold or disclosed for a business purpose;

• the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

• the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

• you may object to the processing of your personal data

• you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data

• you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

• you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by email at info@rewiredfest.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

8. DO WE MAKE UPDATES TO THIS NOTICE?

In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

9. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

 If you have questions or comments about this notice, you may email us at info@rewiredfest.com by post to:

ReWired Fest LLC

3435 Ocean Park Blvd.

Suite 107-628

Santa Monica, CA 90405

United States

10. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please send an request to marketing@rewiredfest.com. We will respond to your request within 30 days.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and  Rewired Festival LLC and its parents and affiliated companies (“Company“, “we”, “us”, or “our”), concerning your access to and use of the ReWired Fest website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:  (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms shall be governed by and defined following the laws of the State of California and yourself irrevocably consent that the courts of  California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

DISPUTE RESOLUTION

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles County in California. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles County in California, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any dispute brought by either party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US

DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: info@rewiredfest.com or 3435 Ocean Park Blvd., Ste 107-628, Santa Monica, CA 90405.

These Exhibit Space Contract Additional Terms and Conditions supplement the terms and conditions set forth in the attached Sponsorship and Festival Marketing Terms and Conditions and the Sponsorship Agreement executed by Organizer. Any sponsorship opportunity contracted for by Sponsor (referred to herein as “Exhibitor”) in connection with the 2022 ReWired Festival in-person event (referred to herein as the “Festival”) is governed by the Sponsorship and Festival Marketing Terms and Conditions, the Sponsorship Agreement and these Exhibit Space Contract Additional Terms and Conditions.

1. ELIGIBLE EXHIBITS. Organizer reserves the right to determine whether any company or product is eligible for inclusion in the Festival. This determination may be made at any time before or after the start of the Festival. Exhibitor or its agent/agency must have no outstanding past due invoices with Organizer or its affiliates. Past due invoices billed to the exhibitor or its agent/agency must be paid before exhibitor will be allowed access to the Festival.

2. FLOOR PLAN. The floor plan for the Festival will be maintained as originally presented, wherever practicable. However, Organizer reserves the right, in its sole discretion, to modify the floor plan to the extent necessary for the best interests of the Festival, the exhibitors, and the industry. All measurements shown on the floor plan are approximate, and Organizer reserves the right to make such modifications as may be deemed necessary, making equitable adjustment for any exhibitor thereby affected.

3. EXHIBIT SPACE ASSIGNMENT. Space assignment will be indicated on the confirmation of acceptance of the Sponsorship Agreement by Organizer. Exhibitor may have an opportunity to be placed on a Wait List for an alternative location on the Festival floor. All requests must be made through an Account Manager. Exhibitor must have space contracted and appropriate payment received to be moved in accordance with the Wait List request. Exhibitor must rent sufficient space to contain its exhibit completely within the confines of the booth lines. Equipment may not extend into the aisles, over the aisles, or across Exhibitor’s purchased booth line. Heights and depths specified in applicable Sponsorship Agreement must be observed. Organizer reserves the right to relocate Exhibitor in comparable space for the best interest of the Festival. In the event of relocation, Exhibitor will be advised in writing and given the option of selecting another location with an equivalent value. If for any reason, an alternative location cannot be provided, Exhibitor’s sole and exclusive remedy shall be a refund of the unearned portion of the Sponsorship fee; provided, however, that Organizer’s liability for any error or failure to provide the exhibit space shall in no event exceed a refund of the amounts actually paid by Exhibitor hereunder.

4. SHARING/SUBLETTING SPACE. Exhibitor shall not assign, sublet, subcontract or apportion the whole or any part of the space allotted, and may not share exhibit space or allow representatives, equipment, or materials from any subsidiary, division, or any other company or entity in Exhibitor’s space without including the name(s) of such subsidiary, division or other company or entity on the Sponsorship Agreement and obtaining the prior written consent of Organizer. Should Exhibitor decide to cancel, the exhibit space reverts back to Organizer.

5. EXHIBITOR SHOW BOOK AND FESTIVAL POLICIES. A Festival Show Book containing detailed information will be available and provided to Exhibitor by ReWired selected third party exhibition vendor. The Festival Show Book will contain, among other things, information regarding shipment, labor, electrical service, rental items and exhibit hours. All services, such as furniture, carpeting, labor, cleaning, storage of boxes and crates, shipping and other special services must be arranged through the official TWE exhibit services contractor. Exhibitor must abide by the regulations and guidelines included in the Festival Show Book. Organizer shall have sole control over the official Festival policies applicable to attendees, which will be available on the Festival website.

6. INSTALLATION AND DISMANTLING OF EXHIBITS. Delivery of freight and installation of exhibits will take place on the dates and at the times specified on your Eventival Visitor Page portal. Organizer reserves the right to resell the exhibit space if the exhibitor booth is not set up by the date and time specified in the Eventival Visitor Page preceding Festival floor opening. Organizer reserves the right to have the official exhibit services contractor install the exhibit or remove unopened freight at the expense of the Exhibitor. Exhibitor accepts full and sole responsibility for any injury or damage to persons or property resulting from failure to distribute the placement of its exhibit material in accordance with the floor loading specifications. Dismantling may not begin until the close of the Festival on the final day of the Festival. Goods and materials used in any display shall not be removed from the festival grounds until the Festival has officially closed. Any exception to this rule must have the written approval of Organizer. Dismantling must be completed and all exhibit materials removed by the final move-out date and hour set forth in the Festival Show Book. Exhibitor is advised to remove small, portable items immediately upon conclusion of the Festival.

7. DISPLAYS AND ATTIRE. It is Exhibitor’s responsibility to create an attractive display area that is in good taste (as determined by Organizer) and enhances the overall appearance of the Festival and is a credit to the industry. Organizer reserves the right to approve the character of the display and to prohibit any display which, because of noise or other objectionable features, detracts from the general character of the Festival. Any part of an exhibit space which does not reflect the purpose of the Festival must be corrected at the Exhibitor’s expense. Organizer reserves the unilateral right to correct any unsightly exhibit, and Exhibitor agrees to pay for expenses incurred in making the necessary alterations. If corrections cannot be made, the exhibit shall be removed at Exhibitor’s cost, with no liability accruing to Organizer.

Exhibit Design. All booth furnishings, including audio and video, should be appropriate for a general audience and should not be offensive or violate common decency. In the event of a complaint about a booth’s content, Organizer will investigate. If content is determined to be offensive or inappropriate, the Exhibitor must cease use of such content.

Attire. Organizer reserves the right to determine appropriate Exhibitor/presenter attire and manner. Exhibitors and their personnel should present a professional image and appearance. If for any reason the attire of Exhibitor’s personnel is deemed inappropriate by Organizer, the Exhibitor may be asked to make suitable changes to the attire of its employees, exhibit staff and/or models. If necessary, the Exhibitor may be asked to remove individual(s) wearing the inappropriate attire in question at Exhibitor’s sole expense. Exhibitors with questions about compliance with these guidelines should consult Organizer in advance of the Festival.

8. DEMONSTRATIONS. Exhibitor shall observe the “good neighbor” policy at all times and not intrude upon or disrupt other exhibitors while they are conducting business on the Festival floor. Exhibits should be conducted in a manner not objectionable or offensive to neighboring booths. All demonstrations and the use of photographers, musicians, entertainers, loud speakers, sound system equipment and noise-making devices must be restricted to within the Exhibitor’s booth, unless it has express prior written authorization. Entertaining attendees in booths must be arranged so that Exhibitor’s personnel and attendees do not block aisles or overlap into neighboring exhibits. Operation of any equipment for demonstration purposes must be pre-approved in writing by Organizer. Organizer reserves the right to determine when any demonstrations become objectionable or interfere with adjacent exhibit spaces and may, if necessary, require that they be discontinued.

9. SOUND. Disruption or noise level from any demonstration or sound system must be kept to a minimum and may not interfere with others. The use of devices for mechanical reproduction of sound or music is permitted (up to 85 decibels), but must be controlled and not be projected outside the confines of the exhibit booth. No noise makers or anything not in keeping with the character and high standards of the Festival may be distributed or used by Exhibitor in the exhibit area. Organizer reserves the right to determine at what point a disruption or sound level constitutes interference with other exhibits and must be discontinued.

10. PHOTOS AND VIDEOS. Exhibitor may take photos or videos of its displays; however, Exhibitor is not permitted to directly take pictures of any other display or instruct others to take such pictures without written permission of Organizer and the exhibitor whose display is being photographed. Notwithstanding the foregoing, Exhibitor authorizes Organizer and its Representatives (as defined in Section 19 below) to photograph and/or record all or any part of the Festival (including, without limitation, incidental inclusion of Exhibitor’s exhibit space and personnel), and Exhibitor hereby grants Organizer the worldwide, perpetual, royalty free right and license to reproduce, distribute, transmit, publicly perform and publicly display all such photographs and recordings (and any derivative works thereof) in any medium (now existing or hereafter developed) during the Term (as defined in the Sponsorship and Festival Marketing Terms and Conditions) and for a period of six (6) months thereafter. Organizer’s license hereunder shall expire at the end of the Term; however, Sponsor understands and agrees that Organizer may photograph and/or record all or any part of the 2022 Event and Sponsor understands that such recordings may contain incidental inclusion of the Sponsor Licensed Marks and Organizer shall have the worldwide, perpetual, royalty free right to reproduce, distribute, transmit, publicly perform and publicly display all such photographs and recordings.

11. SAMPLES, PUBLICATIONS, PRIZES, LIST ACCESS. Samples, giveaways, catalogues, pamphlets, souvenirs, industry publications and printed matter or promotional material of any kind may be distributed by Exhibitor and its representatives (including hosts and hostesses) only within the confines of its booth, with the exception only of designated sponsorships and marketing opportunities for which exhibitor has contracted with Organizer. Exhibitor may not conduct any prize drawings or awards for signing of names and addresses without the prior written approval of Organizer. Organizer reserves the right to limit access to lists of attendees and exhibitors and any other list or information gathered by Organizer or its contractors.

12. ORDERS. No direct/retail selling is permitted on the Festival floor. Attendees may place orders with exhibitors for products/services at the Festival, but the product or service ordered/purchased must be delivered to the attendee after the close of the Festival. No soliciting of attendees shall be permitted in the aisles or in other exhibitors’ booths. Signs showing the prices of items must not be displayed.

13. FOOD AND BEVERAGES. Food and/or beverages may only be supplied by Exhibitor with the prior written consent of Organizer and the Festival facility.

14. EXHIBITOR REPRESENTATIVE. Exhibitor must name at least one person (including hotel and local phone number) to be its representative with primary responsibility on the floor for the Exhibitor’s display (including installation, operation and removal of the exhibit). Such representative shall be authorized to make decisions and enter into service contracts that may be necessary (or as requested by Organizer onsite or in the case of an emergency) and for which the Exhibitor shall be responsible.

15. EXHIBITOR PERSONNEL. Exhibitor will furnish Organizer, in advance, the names of those persons who will staff the booth. Representatives manning the exhibit will be owners, employees or agents of Exhibitor, and such representatives will wear proper badge identification furnished by Organizer. Supplying personnel badges to current or prospective customers by Exhibitor is expressly forbidden. If such use of exhibitors’ badges is made, individuals wearing the badges will be removed from the premises and the badges will be confiscated.

16. DISPLAYS AND EXHIBITS OUTSIDE FESTIVAL. Exhibitor agrees that, outside of its own designated exhibit space at the Festival in accordance with the Sponsorship Agreement, it will not (nor will it permit its agents or distributors to) conduct any display or exhibit or distribute publications or any product bearing its trademark within a three mile radius of the Festival or the Festival’s officially designated hotels during the dates of the Festival. This limitation does not apply to participation in other trade association exhibitions which may coincidentally be ongoing in the same city or to Exhibitor’s regular place of business or Festival room. Violation of this provision by Exhibitor will constitute a material breach of the Agreement, and Organizer may, in its sole discretion, cancel the Sponsorship Agreement. Upon cancellation, Exhibitor will remove its display and any equipment contained on the Festival grounds and forfeit all payments made pursuant to the Sponsorship Agreement.

17. SOCIAL FUNCTIONS/SPECIAL EVENTS. Hospitality functions (including meetings, unless approved by Organizer) are not permitted during Festival hours or Festival sponsored events. Any social function or special event during the dates of the Festival in the host city is reserved for exhibiting companies and must be approved by Organizer.

18. COMPLIANCE WITH LAWS/STANDARDS. Exhibitor shall comply with all federal, state, and local laws, rules, standards, regulations and ordinances (“Laws”), including but not limited to copyright laws, the Americans with Disabilities Act (if applicable), and all Laws pertaining to business licenses, health, fire prevention and public safety, and all Organizer and Festival facility rules and regulations. Exhibitor shall be solely responsible for obtaining any necessary tax identification numbers and any licenses, permits or approvals required under any Law and for paying all taxes (including all sales taxes), license fees, use fees, or other fees, charges, levies or penalties that may become due to any governmental authority in connection with its participation in the Festival. All amounts due from Exhibitor to Organizer are exclusive of VAT or other similar taxes, which amounts shall be invoiced to and borne exclusively by Exhibitor. Subject to applicable Laws, all amounts due from exhibitor to Organizer shall be paid in full in U.S. dollars (unless a different currency is specified on the exhibit space contract) without reduction for withholding or other taxes, deductions or offsets of any kind. If applicable, (i) Exhibitor shall pay the cost of conversion to U.S. dollars, and (ii) any required withholdings or taxes will be paid by Exhibitor to the appropriate third party. Exhibitor must comply with union work rules if union labor will be made available. If Organizer becomes aware of Exhibitor’s failure to comply with any applicable Law, such failure to comply shall be cause for rejection or removal of Exhibitor and its exhibit from the Festival. All property of Exhibitor is understood to remain in Exhibitor’s possession, custody and control in transit to, from, or within the confines of the Festival grounds, and is subject to the rules and regulations of the Festival.

Fire & Safety Laws. Federal, state and local fire and safety Laws must be strictly observed. Flammable or hazardous fluids, substances, or materials of any nature are prohibited in the booth and in the storage area behind the booth. No decorations of paper, pine boughs, leafy decorations, tree branches or other flammable materials are allowed. All decorative materials, including cloth decorations, must be flame-proofed and comply with local fire regulations. Transferring of flammable liquids while in the festival grounds is expressly prohibited. Electrical equipment and wiring must comply with fire department and underwriter rules and meet all safety codes. Smoking at the Festival is forbidden. Crowding will be restricted. Aisles and fire exits cannot be blocked by exhibits.

Copyrights/Music Performance Rights Licenses. Exhibitor must obtain music performance rights licenses through ASCAP and/or BMI (and/or any other necessary performing rights associations) , if Exhibitor intends to use copyrighted music in its booth. Organizer is not responsible for the music used by Exhibitor, and without limiting Exhibitor’s indemnification obligations otherwise set forth in the Sponsorship Agreement or the Sponsorship and Festival Marketing Terms and Conditions, Exhibitor hereby agrees to indemnify, defend and hold harmless Organizer, all other Festival Providers (as defined in Section 19 below), and each of their respective Representatives (as defined in Section 19 below) for any and all Claims (as defined in Section 20 below) related to any copyright violations that result from exhibitor’s failure to obtain the appropriate licenses.

19. LIABILITY FOR DAMAGE. Exhibitor will be liable for any damage caused in any manner, including by fastening displays or fixtures to the building floors, walls, columns or ceilings or to the standard booth equipment and for any damage to equipment furnished by Organizer or designated service suppliers. Exhibitor may not apply paint, lacquer, adhesive or any other coating to building walls and floors or to standard booth equipment. Organizer its equity owners and affiliates; Festival facility management and its owners, affiliates, lessors and lessees; and official exhibit service contractors and security services (all of the foregoing in this sentence, collectively, “Festival Providers”) and each of their respective officers, directors, officials, employees, agents, contractors and representatives (collectively, “Representatives”) will not be responsible for the safety or any loss, theft, destruction or damage to property of, or for any injury to, Exhibitor or its Representatives for any reason, including without limitation, due to theft, strikes, fire, water, storm, vandalism or other causes (and Exhibitor waives all claims against Festival Providers and their Representatives, and releases all of them from all liabilities, with respect to same). Although Organizer will take reasonable precautions by assigning security personnel to provide perimeter security, which provides a measure of security in protecting exhibits from loss, it is Exhibitor’s responsibility to insure its property against loss and theft.

20. INDEMNIFICATION. Exhibitor agrees to indemnify, defend, and hold harmless (and to the maximum extent permissible under applicable law, Exhibitor hereby expressly releases and discharges ) Organizer and its equity owners, affiliates, assignees, licensees, guests and all other Festival Providers, and each of their respective Representatives from and against any and all alleged and/or actual claims, actions, lawsuits, proceedings, damages, penalties, demands, losses, expenses, fees (including reasonable attorney fees), costs or liabilities of any kind or nature whatsoever (collectively, “Claims”), including but not limited to any Claim for property damage and/or personal injury, in connection with, caused by or arising out of the attendance at and/or participation in the Festival by (a) Exhibitor, (b) its Representatives (or any other party acting on Exhibitor’s behalf), or (c) any of Exhibitor’s servants, invitees, patrons or guests (all of the foregoing in clauses (b) and (c), collectively, “Related Parties”), whether as a result of (i) Exhibitor’s or any Related Party’s act, omission, negligence or willful misconduct, (ii) Exhibitor’s or any Related Party’s actual or alleged violation of any policy of, or actual or alleged breach of any agreement with, Organizer or any other Festival Provider, (iii) Exhibitor’s or any Related Party’s actual or alleged violation of any applicable Laws, (iv) Exhibitor’s or any Related Party’s actual or alleged infringement of any third party rights, including without limitation, the infringement of any patented, trademarked, franchised or copyrighted music, materials, devices or dramatic rights used or incorporated in the Festival by Exhibitor or any Related Party, or (v) otherwise, and in each case, whether or not foreseeable. This provision shall survive any termination or expiration of the Sponsorship Agreement.

22. REJECTED EXHIBITS. Exhibitor acknowledges and agrees that its exhibit shall be admitted and shall be permitted to remain in the Festival only upon continued strict compliance by Exhibitor with all terms, conditions, standards, policies and other provisions of the Agreement. Notwithstanding such compliance, Organizer reserves the right to reject or remove Exhibitor’s exhibit, in whole or in part, from the Festival for any reason whatsoever. If Exhibitor’s exhibit is rejected or removed without cause given, Organizer shall return to Exhibitor the unearned portion of the rental fee. Any violation by Exhibitor of the Agreement, including without limitation, any violation of the rules and regulations of the Festival or facility, shall subject Exhibitor to termination of the Sponsorship Agreement and the forfeiture of exhibit space and any monies paid on account thereof, and Organizer shall be entitled to exercise any other rights or remedies under applicable law. Upon written notice of termination, Organizer shall have the right to take possession of Exhibitor’s space, remove all persons and properties of or related to Exhibitor, and hold Exhibitor accountable for all risks and expenses incurred in such removal. No portion of the rental fee shall be returned if rejection or removal occurs upon violation of the Agreement.

23. FORCE MAJEURE. Organizer shall not be liable for delay or failure of performance or fulfillment of these Exhibit Space Contract Additional Terms and Conditions (including delivery of exhibit space) caused by an act of God; action by any governmental or quasi-governmental entity; fire, flood or other disaster; public enemy; insurrection; riot; explosion; embargo; terrorist attacks; pandemic, epidemic, strikes whether legal or illegal; labor or material shortage; work slowdown; transportation interruption of any kind; authority of law; the building being destroyed or substantially damaged; or any other cause beyond the control of Organizer (“Force Majeure Event”). If the Festival is not held due to any Force Majeure Event, Organizer will refund to Exhibitor the amount paid for its exhibit space less expenses incurred by Organizer for the Festival up to the date of cancellation.

24. AMENDMENTS TO STANDARDS, RULES AND POLICIES. Organizer reserves the right to modify all standards, rules and policies, and to adopt additional standards, rules and policies in its sole discretion. Any such modifications and additions shall be made available promptly to Exhibitor and shall be effective immediately upon adoption, and Exhibitor agrees to comply with all such modifications and additions.

25. DEFAULT. Exhibitor shall pay the fee set forth in the exhibit space contract (overdue amounts are subject to interest at the rate of 1.5% per month or, if less, the maximum rate permitted by applicable law). Exhibitor will not be permitted entry to the Festival unless full payment has been made of all outstanding past due invoices billed to Exhibitor or its agent/agency. Any default by Exhibitor under these Exhibit Space Contract Additional Terms and Conditions shall constitute a default under any and all other agreements between Organizer and Exhibitor including, but not limited to, all contracts relating to the Festival (e.g., sponsorship and event marketing contracts and other fee-based or barter activities; each an “Ancillary Contract”). In such event, Organizer, in its sole discretion, shall be entitled to apply any amounts deposited or paid by Exhibitor under any Ancillary Contract to amounts due under this Agreement. If application of any such amount causes a default under an Ancillary Contract, Organizer shall be entitled to such remedies as may be provided in such Ancillary Contract. Similarly, any default under any Ancillary Contract shall constitute a default hereunder and shall entitle Organizer to its remedies hereunder. Exhibitor will be responsible for all expenses (including reasonable legal fees) incurred by Organizer in collecting amounts past due. Upon a material breach hereunder (e.g., failure to pay the fees due in strict accordance with the payment terms set forth in the exhibit space contract, failure to comply with any rules, regulations or standards, or default under any Ancillary Contract), Organizer shall have the right to immediately terminate this Agreement and Exhibitor’s participation in the Festival without incurring any liability therefor.

26. GENERAL. Each Party agrees to perform its obligations hereunder as an independent contractor to the other Party, and these Exhibit Space Contract Additional Terms and Conditions do not create any actual or apparent agency, partnership, joint venture, or relationship of employer and employee between them for any purpose, including taxes or employee benefits. Neither Party is authorized to enter into or commit the other Party to any agreements, and neither Party will represent itself as the agent or legal representative of the other Party. Exhibitor will not make or consent or cause to be made any public announcement, or produce, distribute or publish, or consent or cause to be produced, distributed or published, any press release or other public statement referring to the subject matter or content of these Exhibit Space Contract Additional Terms and Conditions, or the business relationship between the Parties, without the express, prior written approval of Organizer. This Agreement shall be governed and construed in accordance with the laws of the State of California,. All disputes arising under these Terms and Conditions that cannot be resolved informally will be submitted for confidential binding arbitration before a single arbitrator (who shall have experience in the entertainment industry) in Los Angeles, California pursuant to the rules of the American Arbitration Association. The award of the arbitrator will be final and binding and may be entered for judgment in any court of competent jurisdiction in Los Angeles County. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Sponsorship Agreement), if any, that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County. The Parties shall each bear their own respective costs and attorneys’ fees. Exhibitor may not assign or subcontract its rights or obligations under this Agreement without the prior written consent of Organizer. All of the terms and provisions of this Agreement shall be binding on, and shall inure to the benefit of, the respective successors and permitted assigns of the Parties. The waiver by either Party of a breach or violation of any provision of these Exhibit Space Contract Additional Terms and Conditions, or the business relationship between the Parties, without the express, prior written approval of shall not constitute a waiver of any subsequent or other breach or violation.

REMINDER: Photography of any kind is not permitted at ReWired Fest (“RF”) without a press credential. Videography of any kind is not permitted without a Press Lounge staff escort or a special credential.

Press badges are reserved for well-qualified editorial staff from approved media outlets. Press credentials are not carried over year to year, you must register each year. This admission will allow eligible news reporters, online media, influencers, photographers, or camera persons access to festival during public show hours. A detailed list of eligible personnel is below.

ReWired Fest reserves the right to refuse media badges, without cause, during pre-registration as well as onsite media registration. Due to high demand, media badges are limited in number.

Press Badge privileges include:

Admission to ReWired Fest

Priority entry to all panels (limited)

Complimentary access and assigned seating for certain events/concerts. (Subject to availability. Tickets are either distributed by invite only or on a first-come-first-serve basis in the Press Lounge.)

Access to Press Lounge and press conferences.

Press badges will not be granted to personal blogs or photo gallery websites.

Outlet must be at least two years old.

You must be able to provide relevant coverage from other events.

Applying for a press badge does not guarantee a press badge.

Press badges are limited. Verification and approval is ultimately at the discretion of ReWired Fest.

Press badges are not eligible for mailing and must be picked up on-site by each registrant.

Photography/Videography Policy:

All media must have a PRESS credential displayed at all times.

All video cameras and television cameras must be escorted on the show floor by RF Press Lounge staff, unless approved in advance.

Time slots for video crew escorts are available on a first-come, first-serve basis.

Television cameras approved to be on the floor without an escort must display their PRESS credentials at all times.

Interviews with a RF spokesperson should be arranged through a member of the Press Lounge staff.

Press attending any session should ensure their badge is visible and identify themselves as media at the beginning of the session.

At the discretion of RF staff, special event venue management, and/or the featured speaker, Press may not be permitted to participate in some programs or events.

Advertising and sales personnel do not qualify for press credential.

Eligible Personnel:

Qualified press—who wishes to photograph or film at the show is required to check in at the press lounge (or other designated area) (the “Press Lounge”)on-site to sign a waiver and receive authorization upon each day of filming.

Live TV and nationally syndicated film crews must check in at the Press Lounge and must be approved on-site in order to photograph and/or videotape at the show.

Private consultants who are paid by an individual company are not eligible for a press badge. Sponsors/Exhibitors and their private consultants are permitted to photograph and videotape their own booth only.

Photographers and videographers are required to obtain permission before filming any exhibitor’s booth and must refrain from filming those who do not grant permission.

Qualified press who have obtained press passes and are photographing and/or filming at the show may not, under any circumstances, solicit payment from exhibitors for service. Those who are found to be soliciting payment will have their press passes immediately revoked, and may be banned from future events.

Filming, videotaping and photography are prohibited at all events, panels, sessions or workshops of any form, including keynote presentations. Sponsors/Exhibitors and their private consultants may film, photograph and/or videotape their own exhibitor-presented session only.

Attendee indemnifies and holds harmless Organizer and Inclusion Companies, LLC, their respective parent, subsidiaries, affiliates, assignees, licensees, guests or otherwise, with respect to any claims from any third party claims whatsoever arising from attendee’s media activities under this waiver.

Photographers and videographers are required to ask permission before filming and must refrain from filming those who do not grant permission. Sponsors/Exhibitors are permitted to photograph and videotape their own booth only. Sponsors/Exhibitors who do not want the press to photograph or videotape their booth should inform the Press Lounge staff onsite.

No other photography or videography is permitted. We reserve the right to refuse entrance to any photographer/videographer in our sole discretion for any reason.

Please note: RF has the right to refuse or withdraw media credentials or guest passes at anyt ime for any reason in its sole discretion. If you have questions about press credentials, please contact us at marketing@rewiredfest.com

Please visit “Contact Us” page for our Brand page for logos and guidelines.  You may use these logos for any press related needs you may have.

The Press Lounge provides complimentary internet in a quiet environment for work. A valid ReWired Fest 2022 Press badge is required for entry.

We appreciate your support of the ReWired Fest (“RF”) Code of Conduct. Your continued cooperation helps us improve the show policies that uphold the integrity of the show, its exhibitors and sponsors. We require that all RF participants-attendees, organizers, sponsors, exhibitors, speakers, media, staff and volunteers agree to abide by the following Code of Conduct Rules.

Please wear your event badge at all times during the festival.  Please be prepared to show proof of age and identification when entering the Event or any program at the Event. We will only accept the following forms of identification: government-issued driver’s licenses or identification cards, passports, or military identification.

We believe our community should be truly open for everyone.  As such, we are committed to providing a friendly, safe, and harassment-free festival experience for all participants-attendees, organizers, sponsors, exhibitors, speakers, media, staff, and volunteers-regardless of gender, gender identity, age, sexual orientation, familial or marital status, disability, mental and/or physical ability, physical appearance, national origin, ethnicity, race, political affiliation or religion.

We do not tolerate harassment of festival participants in any form. Sexual language and imagery, unwelcome sexual attention, verbal threats or demands, offensive comments, discriminatory jokes and language, intimidation, stalking, threats of violence, sustained disruption of sessions or events, and unwelcome physical contact or advocating for or encouraging any of the above behavior — all are not appropriate for any conference venue.

Participants asked to stop any harassing behavior or perceived harassing behavior are expected to comply immediately. Exhibitors in the expo hall, sponsor or vendor booths, or similar activities are also subject to the anti-harassment policy.

In particular, exhibitors should not use sexualized images, activities, or other material. Booth staff (including volunteers) should not use sexualized clothing/uniforms, or otherwise create a sexualized environment.

Event Staff will be available to help participants contact venue security or local law enforcement, to provide escorts, or to otherwise assist those experiencing unacceptable behavior to feel safe for the duration of the conference. You can report unacceptable behavior to any member of staff.  All violations of the law should be reported to local law enforcement. For emergencies, immediately dial 9-1-1.

We expect participants to follow these rules at all venues and festival-related social events.  RF may take action in its sole discretion to address any individual(s) or group(s) it believes fail to meet the standards set forth in this Code of Conduct, including, without limitation, revoking the violating parties’ credentials without refund and/or immediate loss of your event badge/pass.  Serious violations are grounds for not allowing you to participate in future Events.

We value your attendance and thank all our participants for help in keeping our events welcoming, respectful and fun for all.

RF reserves the right to modify and/or update any of these RF Policies at any time for any reason.

RECORDING POLICY: TAKING PICTURES OF YOU; YOUR TAKING PICTURES OF OTHERS
Recordings of You:  You are advised and given notice that many people and companies take photographs and make recordings at RF Events, and post them on social media and use them for many other lawful purposes, and RF permits that.  By attending the Event, you agree that you may be photographed or recorded during the Event (in still photographs, audio recordings, video recordings and any other media, now known or hereafter discovered, hereafter “Recordings”) by attendees, vendors, RF, and others without compensation.  By attending the Event, you grant to the RF the rights, but not the obligation, to reproduce, display, distribute, perform, create derivative works from, and otherwise use any RF Recordings of you in any media and in any manner throughout the world in perpetuity, including on the internet, broadcast, live simulcast, satellite and other transmissions.

Your Recordings of Others: You are generally allowed to make Recordings in all common areas of the event, with the exception of backstage and restricted areas. Specific rules and restrictions regarding Recordings apply to specific venues, concerts, and events, such as when a performer prohibits photographs of their performance. If you are unsure, please check for signage, and if you do not see any, be respectful and do not make Recordings.

As a courtesy, and without changing this policy in any way, please obtain permission first to make Recordings of any individuals. If someone asks or otherwise indicates that they do not wish to be recorded, do not record them. RF will make reasonable efforts to enforce this policy, but given the proliferation of recording devices and the ease with which Event attendees may conceal their recording devices, it is understood and agreed that the RF shall not be liable for any violations of such.

Recordings of the Event or its employees, staff, or attendees for the purpose of sale to anyone, or for distribution or publication to the press is expressly forbidden unless advance written permission has been obtained from the RF, and is permitted under the policy of any venue in which you desire to make a Recording.  Except as prohibited above, individuals may make Recordings for private listening/viewing, provided that such Recordings clearly identify the Event, date, and location at which they were Recorded.

All bloggers and members of the press and staff are additionally required to conform to the RF’s Press Policy and we encourage attendees to become familiar with those rules.

Violation of this Recording Policy may result in forfeiture of your Event badge, your expulsion from the event and/or termination of your position with RF.

ALCOHOL POLICY
RF is committed to providing a safe and family-friendly environment for everyone attending its events. RF expects its employees, staff, directors, and each of their guests or representatives, to follow all applicable laws and regulations and to refrain from consuming alcohol in the presence of minors, serving alcohol while at the event, or bringing outside alcoholic beverages onto the event premises.

Adults 21 and over may order alcoholic beverages from approved sponsor booths, hotel, room service, and other places that legally serve alcohol and have liquor licenses.  RF does not encourage drinking.  If you are legally permitted to drink and choose to do so, RF asks that you drink responsibly.

Prohibited conduct includes, but is not limited to, the following behavior:

• Consumption of alcohol by any person younger than 21 years old (a “minor”).
• Providing alcohol to, or facilitating the provision of alcohol to, any minor.
• Consumption of alcohol in any hotel room in which a minor is staying or in which any minor is present.
• Consumption of alcohol from any source other than the hotel concessions, room service, or any other places that legally serve alcohol and have liquor licenses.
• Violation of any federal, state, or local law regarding alcoholic beverages.
• Violation of any policy of the Event facility or any Event vendor or concessionaire regarding alcoholic beverages.

Violation of this Alcohol Policy may result in forfeiture of your Event badge, your expulsion from the event and/or termination of your position with RF.

Sponsorship, Exhibitor & Marketing Code of Conduct
Please note that the “Company Contact” for your company is responsible for communicating these Code of Conduct Rules to every person representing your company at the show.

Rules:

1. No distributing or displaying of bags or lanyards outside of your contracted booth space.
2. No distributing or displaying of product, literature, coupons, stickers, or any other promotional material of any kind outside of your contracted booth or sponsorship space.
3. No promotion of company, brand or products through individuals or activations featuring company branding or mascots outside of your contracted booth or sponsorship space.
4. No other onsite marketing or promotion of company, brand or products outside of the contracted booth or sponsorship space.
5. Sound and noise is permitted up to a maximum of 85 decibels.
6. No direct/retail selling is permitted on the Show floor. Attendees may place orders with exhibitors for products/services at the Show, but the product or service ordered/purchased must be delivered to the attendee after the close of the Show. No soliciting of attendees shall be permitted in the aisles or in other exhibitors’ booths. Signs showing the prices of items must not be displayed.
7. Exhibitors will not be permitted to dismantle their exhibits or do any packing prior to Show close.

Company Property
You should treat our company’s property, whether material or intangible, with respect and care.  You should not misuse company equipment or use it frivolously.  You should respect all kinds of incorporeal property.  This includes trademarks, copyright and other property (information, reports, etc.) and you should use them only to complete your job, services or the like.

Conflict of Interest
Conflict of interest arises when a person participates in a decision about a matter (including any contract or arrangement of employment, leasing, sale or provision of goods and services) which may benefit or be seen to benefit that person because of his/her direct or indirect monetary or financial interests affected by or involved in that matter.

It is the duty of any person taking part in the operations of RF to adhere to the Conflict of Interest Policy at all times.  In the event that such a matter arises, the person shall formally disclose the interest, and refrain from attempting to persuade or influence other persons participating in the decision.

Violations of the Exhibitor Code of Conduct Rules may result in (but need not be limited to):

1. Warnings –
   1. First Violation Warning – One warning will be delivered to your Company Contact via email and a representative at your booth reiterating these Code of Conduct Rules.
   2. Second Violation Warning – One additional warning will be delivered to your Company Contact via email and a representative at your booth reiterating these Code of Conduct Rules.
2. Probation Period –
   1. Further Violations may result, in our sole discretion, in your company being placed on probation for a period of 12 months for all RF events.
   2. During this probation period, RF may deduct historical priority points, prohibit the purchase of sponsorships and marketing, and/or deny the attendance of your company at future RF events.

Have questions about the Code of Conduct?
Please contact info@rewiredfest.com if you believe you’ve observed or experienced a violation of this Code of Conduct, and RF will work to assess the situation and to respond as soon as possible.

In consideration for being permitted to participate in ReWired Fest (“RF”) fitness training sessions and/or related fitness activities (individually and collectively, the “Activity”) as well as the benefits that I will derive from my participation in the Activity, I hereby represent and agree as follows:

Representations. (a) I am physically fit and able to participate in the Activity; I am in good health, and I am unaware of any medical condition which might make my participation inadvisable. (b) I have no pre-existing physical limitation or condition which may be aggravated or harmed by my participation in the Activity. (c) I acknowledge my responsibility to acquire and maintain, during the period of each Activity, health insurance coverage sufficient to provide for all medical, vision or dental services and/or equipment required to treat any injury related to my participation in the Activity. (d) I hereby represent that I have such insurance coverage in effect as of the date set forth below. I understand that RF carries no dental, medical, vision or other health insurance for any participant and that I am solely responsible for securing my own health insurance coverage. (e) I acknowledge that I have had the opportunity to ask RF representatives any questions that I may have about the Activity (including but not limited to the various activities that comprise the Activity) that I believe are necessary in order to decide whether I am able to participate in the Activity and make the above representations. I represent that all such questions have been answered to my complete satisfaction. In connection with the above, I further represent that I have had an opportunity to inspect the equipment to be used in the Activity prior to my participation in it and, based upon my inspection; I have found all equipment to be in good condition and in proper working order.

Assumption of Risk. I acknowledge that my participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that the specific risks can and do vary from one activity to another and that these risks range from (a) minor injuries such as scratches, bruises, and sprains, to (b) major injuries such as eye injury or loss of sight, joint or back injuries, disfigurement, heart attacks, and concussions to (c) catastrophic injuries including paralysis and death.

Release of Liability. I, on behalf of myself, heirs, assigns, personal representatives and estate hereby release, forever discharge and covenant not to sue RF, their owners, managers, members, officers, employees, partners, sponsors, guests, volunteers, agents, advisors and insurers (the “Released Parties”) from any and all liability from all claims, actions, suits or other proceedings resulting in personal injury, including death, accident, illness or property damage, I may suffer or sustain, regardless of fault, arising from or in connection with, my participation in the Activity, the equipment used during the Activity (whether provided by RF, a third party or myself) and the building or facilities where the Activity was located.

Indemnification. I hereby voluntarily release, forever discharge and agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys’ fees, brought as a result of my participation in the Activity, the equipment used during the Activity (whether provided by RF, a third party or myself) and the building or facilities where the Activity occurred and to reimburse the Released Parties in full for any such expenses incurred.

Name and Likeness. I hereby grant to RF, its licensees, successors and assigns, the right to photograph and/or videotape me during my participation in the Activity and further grant RF the right to display, reproduce, use and/or otherwise exploit my appearance, image, testimonials, likeness, name and voice in perpetuity and throughout the world, in all media, whether now known or hereafter devised, and in all forms and formats, for any purpose whatsoever, without compensation, reservation or limitation. I understand that no photograph, videotape or other material of any kind needs to be submitted to me for my prior approval or inspection and I hereby release RF, its licensees, successors and assigns from any and all liability for any actual or alleged distortion of appearance, image or likeness as depicted in any photograph, videotape or other visual or audio-visual work resulting from its publication as well as any advertising copy or other printed materials that may be used in connection therewith or the use to which it may be applied. I agree that any visual or audio-visual work which depicts me (in whole or in part) shall be owned by RF and that RF may copyright same. To that end, I hereby assign and transfer to RF all right, title and interest in and to my appearance, image, likeness, and voice as embodied in any audio, audio-visual or visual work. I agree that RF shall have the sole and exclusive right, title and possession to all original negatives, videotapes and related materials that may embody My Picture. I acknowledge that RF is under no obligation to exercise any rights granted herein.

Miscellaneous. If any part, article, paragraph, sentence or clause of this consent and release is not enforceable, the affected provision shall be curtailed and limited to the extent necessary to bring it within the requirements of the law, and the remainder of this consent and release shall continue in full force and effect. This consent and release shall be governed by the laws of the State of California. All provisions of this consent and release shall survive the termination or expiration of any Activity or my participation in any Activity contemplated hereby.

I knowingly intend my acceptance of this consent and release to be a complete defense to any legal or equitable proceeding that may be brought by me, or any person on their own or on my own behalf, for any personal injury, including death, accident, illness or property damage, including theft, I may suffer or sustain as a result of my voluntary participation in the Activity, and further intend this consent and release to be a complete and total release of liability for all negligent acts, failure to act, or breaches of duty owed to me, which result in my personal injury, accident, illness and/or property loss as a result of my participation in the Activity, the equipment used during the Activity (whether provided by RF, a third party or myself) and the building or facilities where the Activity occurred and to reimburse the Released Parties in full for any such expenses incurred. I represent that I am 18 years of age or older, that I am legally competent and capable of executing this consent and release on my own behalf and as a parent or guardian on behalf of my child who is participating in the Activity; that I have read the foregoing and have made a conscious decision to sign it of my own free will. I further represent that I understand and agree to the terms of this consent and release and have received a copy of same.