AppDynamics AppSphere™ 2016 Terms and Conditions

Rev: March 30, 2016

PLEASE READ THESE TERMS. THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND APPDYNAMICS, INC. AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE SET FORTH BELOW, WHICH TOGETHER WITH APPDYNAMICS’ PRIVACY POLICY, GOVERN YOUR RELATIONSHIP WITH APPDYNAMICS FOR APPDYNAMICS APPSPHERE 2016.

These Terms of Service apply to your Event registration through this web portal and the Event itself.

1. DEFINITIONS

"Attendee" means an individual registered for or attending the Event.

"Event" means AppDynamics AppSphere 2016 to be held from Nov. 14 – 17, 2016 at the Cosmopolitan of Las Vegas.

"Badge" means the badge provided to you at the Event Check-In, which will designate your access to the Event, venue areas and sessions.

"Registration Site" means the public registration web-page accessed through https://www.appdynamics.com/appsphere/ and any other website properties of AppDynamics, its affiliates, subsidiaries and related entities.

"App" means the AppDynamics AppSphere Events app, a mobile website made available by AppSphere through which Users or Attendees can register to access the Event agenda, sessions, keynote, video and other information and resources.

"Event Dates" means Nov. 14 – 17, 2016.

"Partner" means any AppDynamics subsidiary, affiliate, Event or sponsor, or customer.

"Required Registration Information" means the information you provide on the Registration Page when registering for the Event. This information may include personal information such as, first name, last name, picture, company, address, job title and phone number.

"AppDynamics" means AppDynamics, Inc., its affiliates, subsidiaries and related entities.

"Terms" or "Terms of Service" shall refer to these Terms of Service inclusive of AppDynamics Privacy Policy. These Terms of Service govern the Event Registration and participation.

"You" or "your" means you, the individual accepting these Terms, and/or if applicable the company or other legal entity for which you are accepting these Terms.

2. REGISTRATION

REGISTRATION

All Attendees must be registered through the Registration Site. To register for AppDynamics AppSphere 2016, you must provide required Registration Information on the Registration Site. AppDynamics reserves the right to cancel or terminate any registration or discount offer at any time. You will receive a registration confirmation email at the email address you provide during registration.

PAYMENT

Payment for your Registration is due immediately, must be made in full, and must be paid in US Dollars. Once payment has been received, you may print an invoice/receipt from your registration record or request one from AppDynamics at questions@appdynamicsevents.com. Registration will not be considered “confirmed” unless and until payment has been received and you have received a registration confirmation email. If you have made payment but have not received a registration confirmation email, please contact questions@appdynamicsevents.com. Admission to the Event will not be granted without a confirmed Registration. You agree that in the unlikely event that AppDynamics cannot resolve your payment issue and you dispute the credit card charge, your electronic statement will serve as evidence that said charge is valid and just.

BADGES

Badges are to be picked up at the event check-in area during the Event Dates. Attendees must show a government-issued picture ID to be issued their Badge. Badges will not be issued without an ID and Attendees will not be admitted into the venue without a Badge. Badges may contain RFID and/or NFC tags, which will be used to record your participation in the Event, sessions and events and to provide you with feedback surveys following the sessions. If you demonstrate an interest in a Partner or topic, such as by visiting a booth or attending a session, AppDynamics may share your Required Registration information with such Partner.

EVENT CODE OF CONDUCT

By registering and participating in the Event you agree to comply with AppDynamics’ Code of Conduct. At all times during the Event Attendees are expected to comply with the Code of Conduct. Failure to comply may result in your Event registration being terminated, your employer may be notified and you may be banned from participation in future AppDynamics events. Please report any violations of the Code of Conduct to onsite security.

GOVERNMENT OFFICIALS

All government employees or officials who register to attend the Event must identify themselves as government employees or officials on the Registration Site. If a government employee or official is offered free or discounted attendance at the Event, the government employee or official may be asked to confirm that s/he has disclosed his or her attendance at the Event to their employing government agency in advance and that their employing agency has provided permission for the employee to accept free or discounted attendance at such Event. Each government employee or official who attends the Event also must confirm that s/he will abide by all relevant rules and regulations imposed by his or her employing agency during the Event, including those rules and regulations relating to the acceptance and disclosure of gifts and gratuities. Any government employee or official who attends the Event may be asked to present his/her government issued employee badge at Event check-in.

SECURITY

AppDynamics is committed to providing a safe and secure environment. Here are some of the security procedures for the Event:

  1. Badges must be worn and visible at all times while you are at the Event venues, events or activities. They may not be shared or exchanged with any person or persons. Violators’ badges may be confiscated and their participation in the Event terminated.

  2. Bags may be checked randomly during Event hours.

  3. No bags or property should be left unattended at any time. Unattended property may be removed.

  4. Except as specifically pre-approved in writing, no persons under 21 years of age will be permitted at the Event, including in breakout sessions, keynotes and all other Event venues.

  5. Items prohibited at the Event include: firearms and/or other weapons, explosives and/or other hazardous materials or articles.

AppDynamics reserves the right to take any security measures it deems appropriate to increase the safety of Attendees and exhibitors, without prior notice. AppDynamics reserves the right to change the policies set forth herein, without prior notice, and has sole discretion to deny entry to anyone.

APPDYNAMICS APPSPHERE CANCELLATIONS AND SUBSTITUTIONS

If you are unable to attend AppDynamics AppSphere 2016, you may transfer your registration to another person by sending an email to the AppSphere Registration Team with the new attendee's name and contact information by October 31, 2016, 5:00 pm PT. Substitutions requested after this date may be subject to a US$100 transaction fee. Breakout session enrollments, trainings, certifications, and hotel reservations are not transferable.

CANCELLATION POLICY

All cancellations must be received in writing and should be submitted to the AppDynamics AppSphere Registration Team. Cancellations received between October 1 and October 31, 2016 will be assessed a $100 cancellation/processing fee. Any cancellations received between November 1 and November 11 will be assessed a $200 cancellation/processing fee. Cancellations received after November 11 are non-refundable.

AFFILIATED SERVICES

If, the Event website provides third party affiliated services information including accommodation information and transportation information or discounts, such information is provided solely as a convenience to our Attendees. Inclusion on the Registration Page does not indicate approval or endorsement by AppDynamics. Under no circumstances will AppDynamics be liable in any way for any third-party services, including, but not limited to, quality, availability, errors or omissions or damages of any kind. You must evaluate and bear all risks associated with the use of any third party services, including any reliance on the availability, quality or usefulness of such services. You may be subject to additional terms and conditions that may apply when you use affiliate services.

EXTENDED HOTEL CANCELLATION POLICY

A valid credit card is required to guarantee a hotel reservation and hotel fees will be charged directly to the Attendees. Hotel reservations are provided as an Affiliated Service and AppDynamics is not responsible for any issues or disputes between Attendee and hotel. Attendees will be responsible for complying with the hotel cancellation policy.

You can make changes to your hotel reservation by contacting us at questions@appdynamicsevents.com. You may also log back into the registration website at http://www.appdynamics.com/appsphere. Hotel cancellations and date changes must be received at least 3 business days prior to your scheduled check-in or a minimum of one night’s room stay will be charged.

PERSONAL RELEASE

AppDynamics (and/or others on behalf of AppDynamics) may be photographing, recording (both audio and video), webcasting and podcasting (“Recordings”) at Event venues, events or activities. This includes but is not limited to keynotes, breakout sessions, technical sessions, hosted events, concerts and other activities. By agreeing to these Terms and attending the Event:

  • You agree that your image, likeness, voice, statements and other identifying characteristics (your “Image”) may be Recorded, and you consent to the use of your Image in connection with the use of the Recordings.

  • You irrevocably grant AppDynamics and its agents, contractors, licensees and designees and their respective successors and assigns (the “AppDynamics Parties”) a non-exclusive, worldwide, royalty-free and fully paid-up, perpetual license to use, reproduce, distribute, prepare derivative works of, translate, display, perform and otherwise exploit the Recordings and your Image therein, in whole or in part, in any and all media formats and through any and all media channels, in any manner and for any purpose in connection with AppDynamics, its business and/or the Event (including any future reoccurrence of the Event or a similar event), and for any other lawful purpose.

  • You waive any right you may have to inspect and/or approve the use of the Recordings or any reproductions thereof, and you agree that AppDynamics is not obligated to make any use of your Image or exercise any of the rights granted to it.

  • You understand that your Image may appear in Recordings made available to you, other attendees, or the public, and that third-parties may retain and distribute those Recordings.

  • You agree that AppDynamics exclusively owns all rights (including without limitation, intellectual property rights) in the Recordings and all results and proceeds derived from the use of the Recordings and your Image therein, and that no portion of such proceeds will be shared with you.

  • You waive and release any and all rights of privacy and publicity, and any and all claims to compensation or damages or of violation of intellectual property rights, in connection with the use of the Recordings and your Image therein and/or any advertising or publicity relating thereto.

  • You represent that you are of full legal age and have read this release and fully understand its contents.

FORWARD LOOKING STATEMENTS

Some of the Event presentations and sessions will contain projections or other forward-looking statements regarding future events, product offerings or the future financial performance of AppDynamics, its partners and affiliates. Words such as "expects," "goals," "plans," "believes," "continues," "may" and variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially.

ASSUMPTION OF RISK

Your participation in and attendance of the Event is completely voluntary. Unless specified otherwise, all events, keynotes and sessions are seated on a first-come first-served basis. You accept and assume all risks of any and all personal injury or damage to your personal property that you may face while attending the Event, using the Affiliated Services, and waive any claims against AppDynamics or its Partners relating to such risks.

UNFORESEEN CIRCUMSTANCES

The Event program schedule is subject to change at any time without prior notice. AppDynamics cannot guarantee the attendance of any exhibitor or speaker, or that any scheduled event will take place.

AppDynamics will not be held liable and no reimbursement will be made, in the event of the cancellation or modification of the times, dates, sessions and/or events during the Event as a result of an event that is beyond AppDynamics’ control, including but not limited to inclement weather, earthquake, flood, or other act of God, war, invasion, act of foreign enemy, hostilities, riot, national state of emergency, plague, act/threat of terrorism, civil unrest, strikes or other labor disputes or any other similar or related event which delays or prevents any or all of the Event.

4. GENERAL PROVISIONS

WARRANTIES

APPDYNAMICS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE EVENTS, EVENT REGISTRATION OR APP, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND APPDYNAMICS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

FURTHERMORE, APPDYNAMICS MAKES NO REPRESENTATION THAT THESE TERMS, OR THE TOOLS, WEBSITES OR CONTENT PROVIDED HEREUNDER (THE "MATERIALS"), ARE APPROPRIATE, AVAILABLE OR LEGAL IN TERRITORIES OUTSIDE THE USA. THOSE WHO CHOOSE TO ACCESS THESE MATERIALS FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS.

YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT AND THAT YOU CAN AND WILL COMPLY WITH ALL THE TERMS OUTLINED HEREIN.

CHANGES TO THESE TERMS

AppDynamics may make changes to these Terms from time to time. You understand and agree that if you participate in the Event after the date on which the Terms have changed, your use will signify acceptance of the updated Terms.

PERSONAL INFORMATION

AppDynamics will handle and protect the Required Registration Information provided in accordance with AppDynamics’ Privacy Statement located at https://www.appdynamics.com/privacy-policy/.

By providing your personal information to AppDynamics, you consent to AppDynamics’ collection of such information for the purposes of effectuating your registration and to provide you with communications related to AppDynamics AppSphere 2016, AppDynamics, or AppDynamics’ platform. AppDynamics will also use personal data provided by you (such as your first and last name and company name) for the purpose of administering your participation with AppDynamics AppSphere 2016 and marketing AppDynamics AppSphere 2016 and future reoccurrence of the Event. To this end, AppDynamics may disclose your personal data to third-party service providers (e.g. registration solution providers and other vendors engaged by AppDynamics to conduct AppDynamics AppSphere 2016).

As part of your participation with AppDynamics AppSphere 2016, you may provide your personal data to third parties, including vendors or other AppDynamics AppSphere 2016 attendees, who are not employees of AppDynamics. AppDynamics is not responsible for how such a third-party uses your personal data.  

Additionally, by allowing AppDynamics’ Partners and/or exhibitors to scan your badge you authorize AppDynamics to share with such Partner or exhibitor your first and last name, title, company, physical address, phone numbers and email address provided to AppDynamics as Required Registration Information. If you enter your mobile phone number, you may receive Event updates via your mobile phone (by voice SMS, MMS, or otherwise) at your own cost.

THIRD PARTY LINKS

The App or other Event materials may contain links to third party sites; such linked sites are not under the control of AppDynamics and AppDynamics is not responsible for the content of any linked site or any link contained in a linked site. AppDynamics reserves the right to remove any links at any time. AppDynamics does not endorse the companies or products to which it links and reserves the right to note such on its web pages. If you decide to access any of the third party sites linked you do so entirely at your own risk.

GOVERNING LAW AND JURISDICTION

These Terms and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the State of California and controlling United States federal law, without regard to their conflicts of laws rules or the United Nations Convention on the International Sale of Goods.

VENUE, WAIVER OF JURY TRIAL

The state and federal courts located in San Francisco County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents to the exclusive jurisdiction of such courts. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.

RELATIONSHIP OF THE PARTIES

These Terms and the activities governed hereby do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to these Terms.

WAIVER AND CUMULATIVE REMEDIES

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

SEVERABILITY AND ASSIGNMENT

If any provision in these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of AppDynamics. AppDynamics’ sole remedy for any purported assignment in breach of this paragraph shall be termination of this Agreement and non-participation in the Event. AppDynamics may assign these Terms, in whole or in part, as necessary for the execution of the Event without your consent and at its sole discretion. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

ENTIRE AGREEMENT

These Terms constitutes the entire agreement between the parties in relations to the Event and Event Registration and supersedes all prior and contemporaneous terms, agreements, proposals or representations, written or oral, concerning its subject matter.

Without limiting the foregoing, no part of this Agreement shall be superseded or governed by any End User License Agreement or other agreement between AppDynamics or an affiliate thereof. To the extent that these Terms are translated, such translation is provided for solely for convenience, and the English version of these Terms shall be govern any disputes arising here from.