UNITY EVENT TERMS AND CONDITIONS

 UNITY EVENT TERMS AND CONDITIONS
 
These Unity Event Terms and Conditions (“Terms”) govern your registration for, attendance of, and participation in any event hosted or organized by Unity whether in-person or virtual (“Event”) and form an agreement between Unity Technologies ApS or its Affiliate as applicable per Section XIII of these Terms (“Unity”, “we”, “us”, or “our”) and you. The term “Affiliate” means an entity that directly or indirectly controls, is controlled by or is under common control with Unity Technologies ApS.
 
I)  ELIGIBILITY. Except as expressly provided otherwise on the Event website, the Event is intended for persons above the age to consent to processing in their region (e.g., 13 in the US, 16 in the EU, no minimum age in ANZ, etc.), however, you must be at least 18 to make purchases or submit content to Unity.


II) EVENT REGISTRATION.
A)    Registration. An individual who wishes to attend and/or participate in an Event (“Attendee”) may be required to create an account, complete registration, make full payment of any applicable fees, or other similar specified actions in order to be granted access to the Event. An Event may have multiple tiers of access made available for registration and/or purchase and it is your responsibility to ensure the tier you select meets your needs. Other opportunities may be made available before and during an Event separately from the aforementioned tiers as well and may require a separate purchase if so specified. Activities, including those in a purchased tier, may require additional registration or reservations, in which case the information necessary to do so will be provided to you by Unity. Unity reserves the right to close registration earlier than any posted dates and modify the Event program at its sole and absolute discretion.


B)    Promotional Offers. Any promotional offers must be redeemed at the time of registration and payment. Promotional offers may not be combined. Unity reserves the right terminate any promotional offers at any time at its sole and absolute discretion.


II) PAYMENT.

A)    Event Charges. Your participation in an Event may require you to pay fees. If payment is required, you may be required to provide certain billing information, such as your name, company name, billing address, credit card information, and VAT or GST to Unity or one of our third-party payment processors. You agree to pay all amounts due, including all taxes or duties associated therewith (including but not limited to sales, use, and withholding taxes), except for taxes based on Unity’s net income. In the event that Unity is required to collect any tax for which you are responsible, you will pay such tax directly to Unity or its payment processor.  Unity reserves the right to collect any applicable sales, use or value added tax.

B)    Refunds & Transfers. All sales are final and no refunds or credits will be provided. However, tickets to an Event may be transferable in Unity’s sole and absolute discretion and subject to any applicable transfer policies. To learn whether and how you may transfer your tickets to another individual, please reach out to events@unity3d.com 


IV)   Event Access. To be admitted to an Event, unless otherwise stated by Unity on the Event website, you will be required to show your e-ticket (printed or via your mobile device) and a valid and current government issued photo identification. If you are purchasing specialized tickets, such as student or faculty tickets, you will also be required to show valid current identification indicating such. Events held virtually may require you to access the content in a specific way, which will be communicated to you by Unity or posted on the Event website. Unity does not guarantee access to the Event or any related activities and reserves the right to refuse admittance to you at its sole and absolute discretion.


A)    Badges. Some Events may also require you to pick up a badge at a designated check-in area during the Event or at designated locations and times prior to the Event. You will not be admitted to such Events (or activities therein) without the applicable Event badge. Badges may contain near field communication technology, commonly known as RFID, which will be used to admit you to the Event and any special activities you have purchased or are registered for, record your attendance and/or participation in the Event, and/or provide a secure mode of communication. You may also, at your sole and absolute discretion, allow Unity or Event Partners to scan your badge in order to opt into being contacted by Unity or such Event Partner with respect to particular subject matter, opportunities, marketing, or other offers they mention in relation to the badge scanning. "Event Partner” means any Event sponsor or exhibitor, or Unity business partner, customer, or affiliate.


B) Security. For your safety and the safety of all other attendees,
1) At Events where Badges are required,
   (a) Badges must be worn and visible at all times while you are attending the Event;
   (b) Badges must not be shared with any person(s);
2) bags may be checked upon entry or at other random times during the Event;
3) bags or property left unattended may be removed;
4) weapons, explosives, hazardous materials, and the like are prohibited from the Event;
5) any and all other illegal materials are prohibited from the Event;
6) for virtual Events, the platform or service used to deliver the Event may contain technological restrictions including but not limited to reduced ability to communicate with other Event Attendees


V) Event App. To the extent Unity chooses to offer an App owned or licensed by Unity related to an Event, use of such App will be subject to the terms and conditions presented therein.


VI) Unity Event Code of Conduct.


  A)    Expectation of Attendee Behavior. Unity is committed to organizing events that provide a safe, inclusive, and welcoming environment for all attendees, regardless of gender, sexual orientation, disability, ethnicity, or religion and expects all attendees to promote the same.
  B)    Unacceptable Behavior. Intimidating, derogatory, abusive, discriminatory, harassing, or debasing conduct by any attendee, as determined solely by Unity and its authorized representatives, is not acceptable. Unacceptable behavior includes but is not limited to:
1) Harassment includes but is not limited to offensive communications in any medium relating to gender, sexual orientation, disability, ethnicity, or religion; unwelcome sexual attention or physical contact; inappropriate use of imagery including but not limited to nudity and sexual imagery; threatening, stalking or following an attendee; or otherwise harassing an Event attendee;
2) using or threatening use of  physical force against a person, causing a disturbance, or creating discomfort for a person at or participating in the Event;
3) possession of a weapon or any item that may be used as a weapon, making threats about using a weapon or an item that may be used as a weapon;
4) attempted or actual theft, destruction, and/or defacement of any personal property or the Event site, Event Partner booths, Event venue, or the like;
5) possession of open alcohol at the Event or smoking, other than in areas specifically designated for the consumption of alcohol or smoking, or exhibiting drunken behavior;
6) possession of illegal substances, including but not limited to drugs;
7) failure to comply with any of the Event, venue, or virtual delivery platform or services’ rules and regulations or the instructions of Unity or its authorized representatives; and
8) any other illegal behavior.


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


D)    Reporting Unacceptable Behavior. You may report unacceptable behavior to any Unity authorized representative, Event staff, or Event security or you may contact unitenow@unity3d.com.


VII) Third Party Services.


A)    Registration. Registration for an Event is provided through third party vendors on Unity’s behalf. Such vendors will process your relevant personal information for the purposes of administering your registration process, processing any payments, creation of your badge (where applicable), the check-in process, communicating with you, delivering the Event to you, and other related activities and processes. All such use of your personal information will be in compliance with the Unity Privacy Policy.


B)    Third-Party Services. Unity may provide information about or links to third-party services related to accommodations, local attractions, discounts, promotions, our Event Partners, or other similar information in relation to an Event. Unity provides this information and/or links solely for your convenience and does not in any way endorse or provide such services or control the contents of such links. It is solely your responsibility to assess and bear the risk for using any such third-party services or clicking on any third-party link. You may be subject to additional terms and conditions related to the aforementioned and it is entirely your responsibility assess such terms and conditions. Unity will not be liable in any way for your use or access to such third-party services or links. Unity reserves the right to remove any such information or links from its Event website.


         VIII) Publicity Waiver. Unity or others authorized to work on behalf of Unity will be photographing, recording (audio and video), displaying (via web, podcast, blog, or social media), or otherwise memorializing the Event or parts thereof (“Recording”). You understand and agree that your name, image, voice, feedback, content you submit, likeness, appearance, and/or other identifying characteristics ("Likeness”) may be included in a Recording and used by Unity.


A)    You irrevocably permit, authorize and license Unity to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works of, license, and otherwise use any Recording (including your Likeness therein) and all materials created by or on behalf of Unity that incorporate a Recording or any part thereof ( together “Materials”) on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter conceived and for the purpose of advertising, public relations, publicity, packaging and promotion of Unity, its Event Partners, or others authorized to work on behalf of Unity and their businesses, products and services, and for future similar events without further consent from or compensation to you.


B)    You irrevocably transfer and assign to Unity your entire right, title and interest, if any, in and to the Materials and all copyrights in the Materials arising in any jurisdiction throughout the world, including the right to register and sue to enforce such copyrights against infringers.


C)     You acknowledge and agree that you have no right to review or approve Materials before they are used by Unity or other parties authorized by Unity and that neither Unity nor such authorized party has any liability to you with respect to such use. Furthermore, you understand that neither Unity nor any party authorized by Unity has an obligation to use the Materials or to exercise any rights given by you herein.


IX)   Personal Release. To the fullest extent permitted by applicable law, you (on behalf of yourself and your heirs, assigns, agents, and representatives), irrevocably waive all legal and equitable rights relating to any and all claims now known or hereafter known in any jurisdiction throughout the world including but not limited to rights of privacy and publicity, any and all claims to damages, or violation of intellectual property rights arising directly or indirectly from the exercise of the; and whether resulting in whole or in part by the negligence of Unity or any party authorized by Unity ("Claims"). You further covenant not to make or bring any such Claim against Unity or any party authorized by Unity and forever release and discharge the same from liability under such Claims. YOU REPRESENT THAT YOU ARE OF FULL LEGAL AGE AND HAVE READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS.


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


XI)   Privacy Policy. Your personal information will be processed and protected in accordance to the Unity privacy policy located at https://unity3d.com/legal/privacy-policy (“Privacy Policy”).


A)    You agree, that by beginning or completing registration for the Event, that Unity may use your email address to send you updates, information, and surveys about the Event and activities related to the applicable Event. To the extent that you submit your mobile phone number, you agree that Unity may send you Event-related text messages, regardless of your registration with any governmental or regulatory do-not-call list. You may opt-out of such messages as directed therein, though there may be some delay in implementation during which time you may continue to receive messages for a short time after such opt out request. 


B)    You agree that by (1) allowing an Event Partner to scan your badge as outlined in Section III of these terms; and (2) otherwise explicitly consenting to have your information shared, Unity may share your personal data with such Event Partner including your full name, job title, company name, email address, contact number (telephone number), and location at the country/region level.


C)     Please note, for live Events you may log into your account via the registration portal at any time to update or modify your personal information. It is your responsibility to keep your information up to date so as to ensure communications are being sent to the appropriate person. For virtual Events, you may email dpo@unity3d.com to have your personal information modified and deletion.


    XII) Cancellation. Events are subject to change or cancellation at any time and without prior notice to you. In the event of a cancellation or modification to the Event as a result of force majeure (events or instances that are beyond the reasonable control of Unity, including but not limited to severe weather, earthquake, flood, or other act of God, acts of war, national or local emergencies, acts or threat of terrorism, civil unrest, strikes or other labor disputes, loss of power, epidemic, pandemic, quarantine (or reasonably likely epidemic, pandemic, or quarantine), civil disorder, changes in law, governmental orders, general unavailability of the resources necessary for running of the Event, or any other similar or related instance or event), Unity shall not be held liable and no reimbursement will be made to you with respect to such Event.


    XIII) LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT IMPERMISSIBLE UNDER APPLICABLE LAW, NEITHER UNITY NOR ITS AFFILIATES WILL BE LIABLE TO YOU FOR ANY IN INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT (INCLUDING, WITHOUT LIMITATION, THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT), TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF UNITY HAS BEEN WARNED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND (B) UNITY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES ACTUALLY PAID WITH RESPECT TO THE EVENT GIVING RISE TO THE CLAIM.


XIV)         Regional Clauses.


A)    Contracting Entity. Notwithstanding anything in these terms, and except as stated in Section XIV)A)16), the Unity contracting entity for an Event will be based upon the country in which the Event is being held as delineated below.
1)     Canada will be Unity Technologies Canada Company;
2)     China will be Unity Software (Shanghai) Co., Ltd.;
3)     Colombia will be Unity Technologies S.A.S.;
4)     Denmark will be Unity Technologies ApS;
5)     Finland will be Unity Technologies Finland Oy;
6)     France will be Unity Technologies SARL;
7)     Germany will be Unity Technologies GmbH;
8)     Japan will be Unit Technologies Japan G.K.
9)     Lithuania will be Unity Technologies LT, UAB;
10)  Singapore will be Unity Technologies Singapore PTE., Ltd.;
11)  South Korea will be Unity Technologies Korea Limited;
12)  Sweden will be Unity Technologies Sweden AB;
13)  United Kingdom will be Unity Software Ltd.;
14)  U.S.A. will be Unity Technologies SF; and
15)  if the Event is in a country not delineated in Sections XIII)A)1) through XIII)A)14,
    (a)   for any Event held in the Americas, the Unity contracting entity is Unity Technologies SF;
    (b)   for any Event held in EMEA, the Unity contracting entity is Unity Technologies ApS; and
    (c)   for any Event held in APAC, the Unity contracting entity is Unity Technologies Singapore PTE., Ltd.
16)  For virtual Events, the contracting entity for such virtual Event will be Unity Technologies SF


B)    Governing Law & Venue.


1)     If the contracting entity for an Event is Unity Technologies SF; Unity Technologies Canada Company; or Unity Technologies S.A.S., these Terms will be governed by and construed in accordance with the laws of the state of California (and to the extent controlling the federal laws of the United States of America). In addition, each party agrees that any claim, action or dispute arising under or relating to these Terms will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of San Francisco, or the United States District Court for the Northern District of California in San Francisco.


2)     If the contracting entity for an Event is Unity Software (Shanghai) Co., Ltd., these Terms will be governed by and construed in accordance with the laws of China. In addition, each party agrees that any claim, action or dispute arising under or relating to these Terms will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of China.


3)     If the contracting entity for an Event is Unity Technologies ApS; Unity Technologies Finland Oy; Unity Technologies SARL; Unity Technologies GmbH; Unity Technologies LT, UAB; Unity Technologies Sweden AB; Unity Software Ltd., these Terms will be governed by and construed in accordance with the laws of Denmark. In addition, each party agrees that any claim, action or dispute arising under or relating to these Terms will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Denmark located in Copenhagen, Denmark.


4)     If the contracting entity for an Event is Unity Technologies Japan G.K.; or Unity Technologies Korea Limited, these Terms will be governed by and construed in accordance with the laws of Singapore. In addition, each party agrees that any claim, action or dispute arising under or relating to these Terms will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Singapore.


5)     Notwithstanding anything in this Section B,


   (a)   the laws of the applicable jurisdiction shall govern without reference to the conflicts-of-law rules thereof. The UN Convention on Contracts for the International Sale of Goods will not apply to (and is excluded from the laws governing) these Terms; and


   (b)   nothing will prevent Unity from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.


6)     Each party hereby waives any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms.


XV) General terms.


A)    Relationship of the Parties. Nothing in these Terms or your registration for or participation in an Event creates a partnership, franchise, joint venture, agency, or fiduciary or employment relations between you and Unity. There are no third-party beneficiaries to these Terms.


B)    Modifications. Unity reserves the right, at its sole discretion, to modify the Terms at any time and without prior notice. Modifications are effective upon date of posting which date will be listed on the terms. If you attend an Event after the posted date of the Terms, you accept those changes. If you do not accept the modified Terms, do not attend the Event.


C)    Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.


D)    Waiver. The failure by Unity to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision.
E)     No Election of Remedies. Except as expressly set forth in these Terms, the exercise by Unity of any of its remedies under these Terms will not be deemed an election of remedies and will be without prejudice to its other remedies under these Terms or available at law or in equity or otherwise.


F)    Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Unity. In the event of any purported assignment by you in breach of this paragraph Unity may terminate these Terms and exclude you from participation in the Event. Unity 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 will be binding upon and will inure to the benefit of the parties’ respective permitted successors and assigns


G)    Entire Agreement. These Terms constitute the complete and exclusive understanding and agreement of the parties hereto with respect to its subject matter and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to its subject matter. No term or provision in any other contract or communication will be deemed to amend these Terms unless they reference these Terms specifically and specifically provide which portions of the Terms are amended.  Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by a registered signatory of Unity. To the extent that these Terms are translated, such translation is provided solely for convenience, and the English version of these Terms shall govern any disputes arising herefrom.


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