Welcome to eBay Seller Events (the "Event"), brought to you by eBay Inc., eBay Canada Limited (collectively, "eBay").

 

  1. Acceptance of the Terms and Conditions. By registering for the Event, you are expressly agreeing to and accepting these terms and conditions (the "Terms"). eBay reserves the right to amend these Terms at any time and any changes to these Terms will be effective immediately upon posting. You are responsible for reviewing these Terms from time to time for any changes.

 

  1. Participation in the Event.
    1. You may not register for or participate in the Event if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools. By completing the registration form, you represent and warrant that you have the authority to incur charges on the credit card presented for payment.
    2. You understand and agree that your participation in the Event is voluntary and that you assume any risk of personal injury, property damage or other damages that could arise from your participation in the Event.
    3. You understand and agree that by attending the Event you agree to act in accordance with the eBay Community Guidelines and eBay User Agreement at all times. While participating in the Event, you must not violate any laws, third party rights or our policies. Without limiting other remedies, we may limit, suspend or terminate your ability to attend the Event or your eBay.com, eBay.ca, or cafr.eBay.ca user accounts, and/or prohibit access to our sites and their content, services and tools, if we think that you are violating these Terms, creating possible legal liabilities, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, Event participants who we believe are harassing or discriminating against other participants or conducting themselves in an offensive, disruptive, disorderly or inappropriate manner).
    4. Virtual Event: You must individually register to attend the Event. In exchange for your completion of the online registration form with current and accurate information and, when required, payment of a registration fee for the Event, you will receive a confirmation email which will permit admission into the Event. Registrations are non-transferable. 
    5. In-Person Event: You must individually register to attend the Event. In exchange for your completion of the online registration form with current and accurate information and, when required, payment of a registration fee for the Event, you will receive a credential ("Badge") for admission into the Event. It is your responsibility to protect and safeguard your Badge, as Badges will not be replaced if lost or stolen. Badges must be claimed onsite at the Event, which will require presentation of a valid form of government-issued identification matching the individual registration and are not transferable. Registration for the Event will be limited by availability and will not be available onsite.
    6. You understand and agree that the facilities hosting the event may have rules, regulations, capacity restrictions, etc., that you must abide by in order to be admitted to or participate in the Event, or portions thereof, and that non-compliance may impact your admission to or participation in the Event. eBay is not responsible for your inability to attend or participate in the Event, or any portion thereof.
    7. If you elect to consume alcohol at the Event, you represent and warrant that you are legally permitted to consume alcohol in the jurisdiction in which the Event is held, and 21 or older if the Event is in the United States. If you choose to drink alcoholic beverages at the Event you are expected to behave in such a way as to create a safe environment while at the Event. It is your responsibility to ensure that you do not operate a vehicle if your blood alcohol level exceeds the limit in the jurisdiction in which the Event is being held. It is your sole responsibility to make sure you have safe passage home if you may be impaired.
    8. Third-Party Content. eBay may make content of third-parties, including eBay sellers, available at the Event (“Third-Party Content”). Such Third-Party Content is not created by eBay. The provision of such Third-Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any product or service. In addition, Third Party Content is not intended to provide any tax, legal or financial advice.

 

  1. Refunds, Cancellation and Expenses. There will be no refunds, in part or in full, or cancellations in connection with the Event under any circumstances, including, without limitation, technical outages/delays/malfunctions, travel delays, illness or personal injury, events of force majeure, revocation of your Badge, accidental registration or remorse. If you do not use your Badge at the Event, it will not have any monetary value and you will not receive any form of credits for future events or eBay services. eBay reserves the right to cancel or revoke your Badge, in its sole discretion, at any time, and will not be responsible for any fees, expenses or costs related to such cancellation. Discounted registration fees, if any, are based on date of payment, and no credits or refunds will be issued for failure to qualify for or receive a discount. You will be responsible for your own arrangements and expenses for transportation, travel, hotel, parking, incidentals, meals and any other costs and expenses that you incur in connection with the Event.

 

  1. Grant of Rights; Ownership. 
    1. Materials: You understand that eBay may create materials in connection with or relating to the Event ("Materials") and may copyright those Materials in eBay's name. eBay retains all ownership rights in the eBay name, trademarks, and logos (collectively, "eBay Marks"), the Event, Materials, and all related intellectual property rights in the foregoing. Any use of the eBay Marks, Materials or any eBay intellectual property (including, without limitation, copying, modification, the creation of derivative works or distribution of content incorporating any the foregoing) without the prior express written permission of eBay is prohibited. By attending the Event, either in person or virtually, you hereby authorize and grant to eBay Inc., its affiliates, subsidiaries and assigns, the right and irrevocable, unlimited, exclusive, perpetual, worldwide, royalty-free license to: (a) record your likeness, image, voice and verbal statements ("Likeness") digitally or on audio tape, film, videotape, or any format now known or hereafter discovered; (b) use your Likeness in Materials, including the right to edit, dub, add to, subtract from or modify your Likeness in any manner and to combine it with any other material; (c) reproduce, modify, distribute, prepare derivative works, display, perform, or use or otherwise exploit the Materials containing your Likeness, or any portion thereof, in any media now known or hereafter discovered, for any purpose, including for the commercial advertising and/or promotion of eBay in any printed, on line or any other media now known or hereafter discovered; and (d) sublicense any of the above granted rights. To the extent permitted by law, no compensation will be due to you under any circumstances in exchange for use of your Likeness, and you waive any moral rights that might be associated with any such use. You agree that you shall have no right of approval and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of the use of your Likeness and/or any material based upon or derived therefrom.
    2.  Content License for eBay promoted hashtags. By using a hashtag identified by eBay as relating to the Event on your image, video or other content (“Content”) in connection with the Event you grant eBay a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute Content in any and all media now known or hereinafter developed, including, but not limited to social media channels, television, print or digital. Social media channels include Instagram, Instagram Stories, Facebook, Pinterest, YouTube, and Snapchat, in addition to other platforms that exist now or in the future.
      1. eBay shall have no obligation to use or take any action with respect to the Content.  eBay may but is not obligated to attribute Content to you. To the fullest extent permitted under applicable law, you unconditionally and irrevocably waive enforcement worldwide of your artist rights or moral rights related to the Content and promise not to assert such rights or any other intellectual property or publicity rights against eBay, its sublicensees, or its assignees. You further waive the right to review and/or approve of any use of the Content and agree that all right, title and interest in and to eBay’s use of the Content, including the copyrights therein, shall vest exclusively in eBay. You further waive any and all equitable and injunctive rights with regard to the Content and acknowledge that your sole remedy for a breach of this agreement shall be solely an action at law for damages pursuant to Sections 6 and 9 below.
      2. You will continue to retain all ownership rights you hold in your Content, and you retain any right to use your Content in any way that you choose, subject to these Terms and the license described herein.
      3. You represent and warrant that there are no other individuals or entities with ownership claims over the Content whose permission must also be given or whose rights would be violated or infringed upon by eBay’s use of the Content.



  1. DISCLAIMER. YOUR TRAVEL TO AND PARTICIPATION IN THE EVENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EBAY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE EVENT AND MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE EVENT AND MATERIALS ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EBAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) OR (C) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR TRAVEL TO OR PARTICIPATION IN THE EVENT. EBAY DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE EVENT OR THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. EBAY DOES NOT MAKE, AND HAS NOT MADE, ANY GUARANTEE AS TO INCREASES IN YOUR SALES VOLUME OR PROFITS. EBAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE MADE AVAILABLE AT THE EVENT, INCLUDING, WITHOUT LIMITATION, THOSE OF ANY EVENT SPONSOR. EBAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES.

 

  1. LIMITATION OF LIABILITY. IN NO EVENT WILL EBAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) OR (C) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR TRAVEL TO OR PARTICIPATION IN THE EVENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU OR EBAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBAY'S CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED $100.

 

  1. Indemnity. You will defend, indemnify and hold harmless eBay, its affiliates and their respective officers, directors, employees and agents, sublicensees, attorneys, successors, or assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your admission to, participation in and interactions at the Event; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your participation in the Event caused damage to a third party.

 

  1. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eBay without restriction at any time.

 

  1. Miscellaneous. eBay reserves the right to modify, discontinue or cancel the Event, or any aspect thereof, at any time. For US residents, these Terms and the Event are governed by the laws of the United States of America and the State of California, without respect to its conflict of laws principles. You agree that any claim or dispute you may have against eBay must be resolved exclusively by a state or federal court located in Santa Clara County, California. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. For Canadian residents, these Terms and the Event are governed by the laws of Canada and the Province of Ontario, without respect to any choice of law or conflict of laws principles. You agree that any claim or dispute you may have against eBay must be resolved exclusively by a court located in the Province of Ontario. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario for the purpose of litigating all such claims or disputes. These Terms and any other legal notices published by eBay in connection with the Event constitute the entire agreement between you and eBay concerning your participation in the Event. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect. No waiver of any term of these Terms is a further or continuing waiver of such term or any other term, and eBay's failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision. The various section headings are for convenience only and shall not affect the meaning or interpretation of these Terms. Nothing herein constitutes an employment, joint venture, or partnership relationship between you and eBay. You are not the agent or authorized to act as the agent of eBay in any respect. The terms and conditions contained in these Terms that by their nature would be expected to survive the expiration or termination of these Terms, including but not limited to the provisions relating to Indemnity, Disclaimer and Limitation of Liability, shall so survive.