TERMS OF USE AGREEMENT

Effective Date: November 10, 2020

Please read this website requires consideration for and as a condition of allowing you access.

Reading and accepting the terms of use and reading and accepting the provisions of the privacy policy of this website are required considerations for the website granting you the right to visit, read or interact with it.

All persons are denied access to this site unless they read and accept the terms of use and the privacy policy.

By viewing, visiting, using, or interacting with this website or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of this terms of use policy and the privacy policy of this website.

All persons under the age of 18 are denied access to this website. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner. This website specifically denies access to any individual that is covered by the child online privacy act (copa) of 1998.

This website reserves the right to deny access to any person or viewer for any reason. Under the terms of the privacy policy, which you accept as a condition for viewing, the website is allowed to collect and store data and information for the purpose of exclusion and for many other uses.

The terms of use agreement may change from time to time. Visitors have an affirmative duty, as part of the consideration for permission to view this website, to keep themselves informed of changes.

DEFINITION

“Attendee” means a person or persons attending the event with a valid ticket including press, companies’ employees, exhibitors and sponsors.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

ACCEPTANCE OF TERMS

Your access to and use of dmiexpo.com (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using “the Website”. By participating in the event we will use your company name and or logo image to promote your attendance at the event. Please write to [email protected] if you would prefer to opt out of any promotion.

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website. HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR CONTENTS OF SITE

The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty. DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS. The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

 

EVENTS PARTICIPANTS

 

TICKETS REFUNDS

Tickets’ refund is available until 14 business days prior to the event according to the Israeli law. Refunds will be sent within four to six weeks after the event has concluded.

POSTPONE OR CANCELLATION OR TERMINATION OF EVENT

If due to fire, lightning strike, earthquake, war, malicious damage, construction or renovation projects impacting the location, government regulation, disaster, disease, pandemic, epidemic, terrorism, interruption of transportation or communications, Act of God, or the public enemy, the event – or any part of the event – is prevented from being held on the original official date or is cancelled by MIND TOASTER LTD., MIND TOASTER LTD. reserves sole discretion to postpone the event to a later date, and the attendees tickets will be used towards the same ticket at the next event. MIND TOASTER LTD. reserves sole discretion to determine if and how much to refund the attendee.

The refund amount will be no more than a pro-rata share of the balance of the total fees received after expense deductions have been acquired by MIND TOASTER LTD., and reasonable compensation to MIND TOASTER LTD.

The amount of refund to the attendees will not in any case exceed the amount paid for attendee ticket.  Should the event experience a name change, it is not considered to be a cancellation.

MIND TOASTER LTD. may cancel an attendee ticket at MIND TOASTER LTD.’s discretion at any time if the attendee fails to perform, meet, or observe any of the terms and conditions expressed within this agreement. An attendee cancelled for this reason will not be entitled to any refund, fee, or other payment.

DISCOUNTS & CODES

All ticket discounts expired at midnight, 3 business days before the event.

Ticket discount codes cannot be combined with any other offers or credit received from a previous show. Any credit issued must be used by the original recipient and cannot be transferred.

Discounts cannot be retroactively applied to a completed ticket purchase. Additionally, refunds or credits cannot be issued of equivalent value to any offered discounts or promotions.

If an attendee is found using a discount code that was not provided for the code’s intended use, the purchaser’s ticket will be cancelled, and no refund will be issued.

Group registrations using a group or bulk discount will not be eligible for a refund. Registration transfers will still be valid on the passes up to 10 business days before the show. Please email [email protected] to request a transfer.

All discounted tickets are not eligible for resale. Any resold tickets will be immediately considered void and ineligible for a refund.

Discount codes cannot be redeemed onsite at the event.

Badges and wristbands must be picked up on-site. Valid ID is required.

Badges and wristbands are non-refundable and non-transferable.

FOOD BEVERAGE & TABACCO

Due to Kosher reasons, no food and beverage may be brought into the Venue by any attendees. According to the law, you are not allowed to use and/or consume and tobacco products or electronic cigarettes at the event venue, other than at the designated area marked for this purpose.

PHOTOGRAPHY/VIDEO/RECORDING

MIND TOASTER LTD., press, and/or other attendees may record, broadcast, photograph, or take a video recording of the event and attendees. The attendees acknowledge that during the event various photographs and/or videos will be taken and that the attendees may be captured by photo or recorded by video while attending the event.

The attendees give full consent to the Mind Toaster Ltd, the venue, other attendees, exhibitors or the event sponsors, or any third party to copyright and use, distribute, broadcast, or otherwise globally disseminate your likeness, name, voice and words in perpetuity in television, radio, film, newspapers, magazines and other media, off-line and online, now available and hereafter developed, both before, during and any time after the event, and in any form, without any further approval from you or any payment to you any and all such photographs and/or videos.

The attendee authorizes MIND TOASTER LTD., press and other attendees to use such recordings, photography, or video for any promotional use by MIND TOASTER LTD.

ATTENDEES’ CONDUCT AT THE EVENT

At any point during the event, if an attendee is found to have entered the event with an attendee ticket for affiliates, but is promoting a none affiliate business, advertising or representing an advertising network, affiliate manager, affiliate network, media platform, agency or advertiser, including but not limited to by wearing branded clothing, MIND TOASTER LTD. may, has a sole discretion to cancel the attendee ticket and issue no refund. If the attendee requests re-entry and MIND TOASTER LTD. allows at its own discretion to allow the attendee to attend the event, the attendee shall require purchasing a company ticket or pay the difference in price between an attendee ticket for affiliates and a company ticket at the current door price, at the sole discretion of Mind Toaster.

Any attendee may be removed from the event location, venue, if MIND TOASTER LTD. reasonably believe the attendee is behaving inappropriately or has committed another form of misconduct or anti-social behavior. In the event of such removal, no refunds of Ticket sales will be made.

INSURANCE

Each attendee shall be responsible for taking out and maintaining appropriate insurance, in relation to any risks under or in relation to this agreement or its attendance of the event, including personal injury, health insurance & travel insurance.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Neither MIND TOASTER LTD., nor the venue, nor either of their officers, agents, employees, volunteers, or other representatives may be held liable for, and are hereby released from any potential damage, loss, harm, or injury to the person or property of the attendee or any of its visitors, invitees, officers, agents, employees, or other representatives, should they result from the attendee’s participation in the event and/or use of the event space hereunder whether from negligence, earthquake, fire, theft, water, or accident of any other cause, or as a result of a breach of this agreement by the attendees.

MIND TOASTER LTD. or/and the venue will not accept any liability or responsibility for any loss or damage to any object, equipment, furniture, stock, personal affects, mobile devices or any other property brought into the venue by any attendee.

Attendees shall be responsible for any damage caused by them to the venue, space, property, devices or the furnishings and equipment therein by any act, default or neglect of the attendee and shall pay to us on an indemnity basis the amount required to make good or remedy any such damage.

The attendee will indemnify, defend, and hold harmless MIND TOASTER LTD. and the venue and their respective owners, directors, officers, employees, agents, volunteers and representatives, from any and all claims, demands, suits, liability, damages, loss, costs, attorney’s fees, and expenses of any kind which may have resulted or arisen from any action or failure to act on the part of the attendee, agents, employees, or other representatives or by breaching this agreement.

Neither MIND TOASTER LTD., nor the venue will be responsible for the safety and security attendee belonging, products, proprietary information, or any materials.

Mobile devices charging or cloakrooms are provided for the convenience of the attendees and guests, but any property deposited, or device charged is entirely at the attendee’s risk & responsibility. MIND TOASTER LTD., the venue, and MIND TOASTER LTD.’s suppliers, will endeavor to assist attendees with charging or storage of their equipment or property but MIND TOASTER LTD. exclude liability for the loss or any damage of those items or property.

To the extent permitted by law, the venue nor MIND TOASTER LTD. shall not be liable for any special, indirect, consequential, or pure economic loss including but not limited to loss of profits, loss of business, depletion of goodwill and/or similar losses. MIND TOASTER LTD. total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms and Conditions shall be limited to the actual amount paid for the attendee ticket only.

The attendee accepts that under no circumstance shall any part of MIND TOASTER LTD., its agents, affiliates, employees, directors, volunteers, or the venue be liable for any loss in profits or other indirect, incidental, consequential, or exemplary damages in connection to the event.

Attendees agree to hold MIND TOASTER LTD., its officers, employees, hired team, volunteers for the event and the venue, harmless from any and all claims, loss or damage to my personal property, liabilities and costs, including legal fees, as a result of your participation in the event, including travel expenses to and from the event (air travel, hotels etc.’) or any events incidental to the event.

Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s country.

MISCELLANEOUS

All attendees shall comply with all relevant laws and regulations which may apply in relation to their attendance at the event and each attendee will indemnify and keep indemnified and defend (at their own expense) us against all costs, claims, damages or expenses suffered or incurred by us or for which we may become liable due to any failure by that attendee or their employees or agents to comply with these Terms and Conditions or any applicable laws and regulations.

No other terms shall apply to this Agreement and these terms contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior, written, or oral agreement between us relating to such matters. Each purchaser and attendee confirm that in accepting these terms and conditions they have not relied on any representation that is not expressly included herein and agree that they shall have no remedy in respect of any misrepresentation which has not become a part of these terms.

If any part of these Terms and Conditions herein are deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms.

APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be Israel.