These terms and conditions (these “Terms”) govern your registration for and participation at any event organized by Dan Mall Enterprises LLC dba Dan Mall Teaches (each an “Event”) and are an agreement between Dan Mall Enterprises LLC dba Dan Mall Teaches (“Dan Mall Teaches,” “Company,” “we,” “us,” or “our”) and you. You represent to us that you are authorized to enter into these Terms. Please see Section 11 for definitions of certain capitalized terms used in these Terms.
Event Application
You acknowledge that by submitting an application to attend the Event you are requesting the Company consider you for participation, and that this does not guarantee your right to participate. You may only submit an application to attend the Event in accordance with these Terms. To apply for the Event, you must complete the Event application process and be selected by Company. Unless the Event’s application webpage specifies otherwise or we expressly inform you otherwise, you must be at least 21 years of age on the first day of the Event. Company reserves the right to close the Event application submission deadline earlier than the posted deadline, as determined in our sole discretion. We may also change the Event at any time in our sole discretion.
Event Rules
You acknowledge that if selected to attend the Event, the Company may issue certain rules for attendance at the Event. You acknowledge that the Event will take place at a space operated by a third party, and agree to abide by any of the rules set forth by such third party (for instance, a dress code). The Event will consist of a set menu dinner hosted by the Company, however the third party operator of the space may have additional items for purchase available to you. You agree that you shall pay to such third party operator directly for any items you order that are not included with the Event, as determined in Company’s sole discretion.
Safety & Security
Your safety and security is important to us. You understand that you may be asked to provide photo identification. If you refuse to participate in these security measures, we may deny you entry. We also reserve the right to ask you to leave the Event if your behavior causes us concern for the safety or security of Event attendees.
Your Information
4.1 Generally
We will collect certain information from you during the application process for an Event, including your name, email address, phone number, and certain other biographical, personally identifying information. This is information that you provide. We need the information that we collect in order to contact you regarding the Event, and in some cases to help us to make a determination regarding the granting of your application. In addition we may use this information to contact you regarding other offers you may be interested in. We will not share your information except as explicitly set forth herein. If you’d like us to remove your information from our system please email us at dan@danmall.com.
4.2 Sharing With Event Sponsors
We will provide your contact information and company information to Event Sponsors during the review process of applications to help us select attendees from the applicants. You also consent to receive communications from our Event Sponsors regarding offers and products of theirs. Event Sponsors’ use of your personal information is subject to their Privacy Policies.
Personal Release
Company (and/or others on behalf of Company) may be photographing, recording (both audio and video), webcasting, podcasting or otherwise transmitting during any or all of the Event. Your image, likeness, voice, statements and other identifying characteristics (each, an “Image”) may be captured in photographs, recordings (both audio and video), webcasts, podcasts, or other transmissions of the Event (each, a “Recording”).
You hereby grant to Company a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise, create derivative works of, adapt, modify and otherwise use, analyze and exploit Recordings (including your Images therein), in whole or in part, in any format or media now known or hereafter developed, and for any purpose (including for promotional purposes, such as testimonials).
Company exclusively owns all right, title and interest (including intellectual property rights) in and to the Recordings, all modifications and derivatives of Recordings, and all proceeds derived therefrom. Company has no obligation to share any such proceeds with you.
You hereby irrevocably waive any right you may have to inspect or approve the use or other exploitation of any Recording or any reproductions thereof, and you agree that Company has no obligation to use any Recording (including any of your Images) or otherwise exercise any of the rights granted to Company with respect to your Images.
Your Images may appear in Recordings made available to the public, and third parties may retain, use or distribute such Recordings. Once made available to the public, Company has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of Recordings.
Your Images may appear in Recordings made available to the public, and third parties may retain, use or distribute such Recordings. Once made available to the public, Company has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of Recordings.
Cancellation
6.1 By You
If registration fees or other fees are required for the Event, cancellation instructions and the Event’s refund policy will be listed on the Event’s registration webpage.
6.2 By Us
We may cancel the Event at any time for reasons including, for example, availability or suitability of venue or on security, health, or safety grounds, and we may deny, limit, or cancel your Event application at any time. We are not responsible for any damages, direct or indirect, resulting from such cancellation.
Assumption of Risk
You acknowledge and agree that if selected to attend an Event, your attendance and participation in the Event is voluntary, and you understand the nature of the Event. To the maximum extent permitted by law, you agree that you solely assume the risks associated with attending and participating in the Event.
Release of Claims
To the maximum extent permitted by law, you (for yourself, your heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby release Company and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns (including an Event Sponsor), from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future associated in any way with the Event, the Recordings, or Your Materials.
Limitations of Liability
WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (B) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED USD $100. THE LIMITATIONS IN THIS SECTION 8 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Miscellaneous
10.1 Waiver
The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
10.2 Severability
If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.
10.3 Force Majeure
We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
10.4 Assignment
No Third Party Beneficiaries. You will not assign or otherwise transfer these Terms or any of your rights and obligations under these Terms, without our prior written consent. Any assignment or transfer in violation of this section will be void. We may assign these Terms without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Company as a party to these Terms, and Company is fully released from all of its obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
10.5 Governing Law
The laws of the State of New Jersey, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between the parties.
10.6 Modifications to these Terms
We may modify these Terms at any time by posting a revised version on the Company website. The modified terms will become effective upon posting. By attending the Event after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Company website regularly for modifications to these Terms.
10.7 Entire Agreement
These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms).
Definitions
"Company Information" means the information you provided in response to the "Company Information" questions during the Event registration.
"Contact Information" means the information you provided in response to the "Contact Information" questions during the Event registration.
“Event Sponsor” means a third-party sponsor of the Event.
"Your Materials" means all materials submitted (including, for example, your name and biographical information) or presented by you (in electronic copy or hard copy, verbally, or otherwise).
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