Terms and Conditions Agreement of Attendance and Participation
These terms and conditions (the “Terms and Conditions” set out the terms on which you may make use of the sites, the software and/or the service made available at the sites (proposal submission, registration, conference attendance, mobile apps, etc.), or otherwise provided to you, to attend the virtual conference, the Pacific Rim International Conference on Disability and Diversity (“PacRim”) organized by the Center on Disability Studies (CDS), University of Hawai‘i at Mānoa hereinafter referred to as “PacRim-CDS.”
Acceptance of Terms and Conditions
Prior to your registration as an attendee (“you” or “Participant”), you must acknowledge and accept the Terms and Conditions contained herein. Should you not wish to accept the Terms and Conditions you should not register. Submission of a registration is regarded as affirmation of your acceptance of the PacRim Terms and Conditions. If you are registering on behalf of another individual, it is your responsibility to ensure the person participating is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the Participant aware of these terms and that they have accepted these terms.
PacRim-CDS reserves the right to update and change the Terms and Conditions from time to time without notice. Continued use of the sites, the service, and the software after any such changes will constitute your acceptance of them. Any new features that augment or enhance the current sites, the service, and the software, including the release of new tools and resources, shall be subject to the Terms and Conditions.
Our address is: Center on Disability Studies, University of Hawai‘i at Mānoa, 1410 Lower Campus Rd #171F, Honolulu, HI 96822
Conference Participant Requirement
To register and use the service of PacRim, each Participant must:
- provide its full legal name, a valid email address and any other information reasonably required in order to complete the registration and the signup process;
- be 18 years of age or older. Accounts registered by minors must have a signed parent or guardian consent form releasing all risk and liabilities;
- be a human being. Accounts registered by “bots” or other automated methods are not permitted;
- agree that any and all other costs associated with your attendance shall be borne solely by you, and PacRim-CDS shall have no liability for such costs; and
- comply with the Terms and Conditions herein.
You will be responsible for:
- maintaining the security of your account password and the security of your account on your device or network. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat this information as confidential. You must not disclose it to any third party. We will not be liable for any loss or damage from your failure to comply with this security obligation;
- all content and other contributions posted, and activity that occurs, on your account; and
- notifying us immediately of any breach of security or unauthorized use of your account and you agree to cooperate with us in causing any unauthorized use to cease immediately.
Photo, Video, and Sound Recording Release and Consent
By participating in PacRim you acknowledge and agree to grant PacRim-CDS and University of Hawai’i the rights for the PacRim-CDS to record, film, live stream, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to PacRim-CDS includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.
Participants understand that the PacRim may attract media coverage or be recorded, in whole or in part, for rebroadcast or retransmission, and consent to your inclusion in such media coverage, which may appear in print media, live or replay telecast or broadcast, podcast, and/or through social media and internet postings.
Cancellation, Refunds, Termination
Each participant (presenter and attendee) will have the right to terminate your account. All attendee registration cancellations must be submitted in writing through to email@example.com. To be eligible for an attendee registration refund, all attendees must submit their cancellation by Sunday, January 31, 2021, 5:00pm Hawaii Standard Time. No refunds will be issued after this date. A 15% processing fee of your original total purchase (U.S. dollars) will be assessed for all refunds. Any refunds (U.S. dollars) paid by PacRim-CDS will be returned by check or credit card (original credit card used during purchase) approximately eight to ten weeks after the conclusion of the conference on Tuesday, March 2, 2021 Hawaii Standard Time.
PacRim-CDS have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
Your account remains valid unless it is cancelled or terminated. Upon cancellation or termination of your account, all of your content will be deleted from your account.
Privacy Data, Protection and Cookies
“Personal Data” is any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.
Where you are a Participant, PacRim-CDS is the controller of “Personal Data” provided during the set-up of your account, login, and use of the sites, the service, and the software. PacRim-CDS may use Personal Data that you provide directly to us for the following purposes:
- to carry out our obligations arising from your PacRim registration or any other contract entered into between you and us and to provide you with the information, products and PacRim registration services that you request from us;
- to provide you with information, and other materials, relating to the content of the PacRim, the speakers, sponsors and other attendees;
- to provide you with our newsletter, proceedings and other publications, provided you have given your consent;
- to respond to your questions and provide related PacRim registration services;
- to provide you with information about other events, products and services we offer from PacRim-CDS, provided you have not opted-out of receiving that information;
- to notify you about changes to our PacRim; and
- to ensure that content from our website is presented most effectively for you and your computer.
Data governance and Security
PacRim-CDS will comply with all applicable requirements of data protection within UH Data Governance Policy and all other policies, Hawai‘i State Laws and other regulations or requirements. The UH Data Governance Policy EP2.215 can be found here: https://www.hawaii.edu/policy/ep2.215
Although we use security measures to help protect your Personal Data against loss, misuse or unauthorized disclosure, we cannot guarantee the security of information transmitted to us over the internet. Any payment transactions will be encrypted using SSL technology.
Each Participant may be given access to confidential information such as contact information from the other Participant during PacRim.
Each Participant shall hold the other’s confidential information in confidence and not make the other’s confidential information available to any third party, or use the other’s confidential information for any purpose other than in participating in PacRim.
PacRim-CDS may disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause by taking into account the reasonable requests of the other party in relation to the content of such disclosure.
We will never sell or rent your Personal Data to third parties and neither party shall be responsible for any loss, destruction, alteration or disclosure of confidential information caused by any third party.
Limitations on Use
By registering with PacRim, you agree not to sell, trade, transfer, or share your access links, passwords, and/or code, unless such transfer is granted by the PacRim-CDS. If PacRim-CDS determines that you have violated this policy, we may cancel your access, retain any payments made by you, report you to law enforcement authorities, and ban you from future PacRim and workshops.
You acknowledge and agree that the PacRim-CDS reserves the right to remove you from the PacRim, if the PacRim-CDS, in its sole discretion, determines that your participation or behavior create a disruption or hinders the PacRim or the enjoyment of the PacRim content by other participants.
Recording and Broadcasting
Participants may not record or broadcast audio or video of sessions of the PacRim. Participants may not record any one‐on‐one meetings, group discussions, virtual networking, or any other activity with other Participants without prior written consent from all other Participants in the conversation.
The PacRim-CDS reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non‐compliant business practices.
The PacRim-CDS may also exclude any prospective participant from registering for or participating in any PacRim, in PacRim-CDS’s sole discretion.
Anti‐Harassment and Nondiscrimination Policy
The PacRim-CDS prohibits discrimination, harassment, and bullying against any person for any reason—for example, because of age, ancestry, color, disability or handicap, national origin, race, religion, gender, sexual or affectional orientation, gender identity, appearance, matriculation, political affiliation, marital status, veteran status, or any other characteristic protected by law.
Liability and Assumption of Risk
Participants understand and acknowledge the dangers and risks involved with involvement or participation in PacRim that include, but are not limited to attending and presenting, participating in the proposal review, uploading and downloading presentations, etc. In consideration for your involvement or participation in the PacRim, you agree to the following:
Assumption of Risk and Release
- the sites, the service and the software are provided to you on an “as is” “as available” basis and will follow United States federal compliance standards relating to the Section 508 of the Rehabilitation Act of 1973;
- Participants understand the dangers and risk, which include injuries/damages that may be caused by your own actions or inactions, the action or inactions of others involving or participating in PacRim.
- Participants acknowledge that there may be other injuries/damages either not known by you or readily foreseeable at this time.
- Participants understand that you will be giving up substantial rights, including the right to sue. And acknowledge that you are participating in the PacRim freely and voluntarily. Participants agree that: (a) the Terms and Conditions shall be interpreted and enforced in accordance with the laws of the State of Hawai‘i, other applicable law or policies of the PacRim-CDS; (b) if any portion of the agreement is deemed or held invalid, the remainder of the agreement shall continue in full force and effect.
- You do for yourself hereby accept full responsibility for your participation and agree to indemnify, release, and discharge the University of Hawai‘i, State of Hawai‘i, its officers, employees, agents, and assigns from any and all claims or actions for property damage, personal injury, and/or death arising from such participation in the PacRim- or growing out of or caused by any acts or omissions during my participation in the PacRim.
Indemnify, Defend, and Hold Harmless
Participants hereby accept full responsibility for their participation in the PacRim and agrees to indemnify, defend, and hold harmless the PacRim-CDS, University of Hawai‘i, and its past, present and future Board of Regents, officers, employees, agents, and assigns from any and all released claims and any and all demands, actions, judgments, injunctions, orders, rulings, directives, penalties, assessments, liens, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees and costs), arising or resulting from or caused by any of their acts or omissions (or by any person whom they are responsible for) during, involving, or related to my participation in PacRim.
Content Standards & Intellectual Property
The content standards must be complied with in spirit as well as to the letter. The content standards apply to each part of any contribution as well as to its whole.
A contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with applicable law or policies of the PacRim-CDS.
- Meet accessibility compliance standards as it relates to the U.S. Section 508 of the Rehabilitation Act of 1973.
A contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, sexual identification or age.
- Infringe any copyright, database right or trade mark of or other intellectual property rights of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Show or include flashing, shaking creatives and/or misleading banners, including but not limited to imitating activities from known brands, featuring pay per click or pay per search programs, chat/instant messaging, video chat and live streaming unrelated to the objectives of the conference, and/or malicious or suspicious activity or any content which may determine, in our sole discretion, to be inappropriate.
- Give the impression that the contribution emanates from the PacRIm or the PacRim-CDS, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites not approved by PacRim-CDS.
All intellectual property rights to papers and presentations made at the PacRim will be the property of the PacRim-CDS. Participants are reminded to present information associated with approved papers and abstracts and not to present any information that may be considered proprietary, confidential or restricted in any way. The PacRim-CDS will have access to all content you upload and contributions you make in relation to the conference and may reproduce, publish or disseminate your content or contributions at any time and in any format.
You understand and agree that by uploading any content or other contribution to our sites that you may be required to assign copyright to the PacRim-CDS. The PacRim-CDS will attempt to pre-screen your content or contributions, but we reserve the right in our sole and absolute discretion to screen and/or remove or edit with and without notice any content or other contribution, account keyword or description posted or stored on our sites that is objectionable to us for any reason (or to appoint a third party to do any of the foregoing), and we may do this at any time.
We shall have the right to disclose your identity to any third party who is claiming that any content or other contribution posted or uploaded by you to our sites constitutes a violation of their intellectual property rights.
We will not be responsible, or liable to any third party, for the content or accuracy of any content or other contribution posted by you or any other user of our sites.
The views expressed by any conference coordinator, conference coordinator staff, reviewer, and chair, conference participant (presenter and attendee) or user on our sites do not represent our views or values.
In addition to this Terms and Conditions, if you are a speaker/presenter at PacRim, we may share your contact and biographical information with Participants. Sometimes we may also request a photograph. In other cases, we post on the respective event website information such as your name, employer, physical work address, work email address, as well as a link to your company website and/or professional LinkedIn page available to the public. This is so that visitors to the event website, including event attendees and speakers/presenters, can contact you with questions and requests for more information, and to provide feedback if needed. Additionally, speakers/presenters may be asked to complete a release agreement or copyright form prior to their presentation.
Exhibitor or Sponsor
In addition to this Terms and Conditions, if you are an Exhibitor or Sponsor, the following Exhibitor/Sponsor Terms and Conditions (“Agreement”) apply to you:
- Payment and Terms — The Participation Fee is the total fee payable by the Exhibitor to the PacRim-CDS in respect of the licensing of the virtual PacRim-CDS space, sponsorship, advertisement and related services. The amount and payment terms are stated on the Exhibitor/Sponsorship packet. All payments are non-refundable except as otherwise expressly provided herein. The entire PacRim-CDS Participation Fee must be paid in full prior to the PacRim-CDS dates. In the Pac-Rim CDS of total or partial cancellation by the Exhibitor, the participation fee will not be reduced or refunded, and the total amount will be due.
- If the Exhibitor fails to pay the entire Participation Fee at the time specified, or fails to comply with any of the terms and conditions or rules and regulations, the PacRim-CDS may reassign the virtual exhibition booth location reserved for the Exhibitor.
- Cancellation/Termination — If the Exhibitor cancels or breaches this Agreement for any reason whatsoever, in addition to whatever rights the PacRim-CDS may have under applicable law, any payments made by the Exhibitor prior to the date of termination shall be retained by the PacRim-CDS as liquidated damages and not as penalty. The PacRim-CDS and the Exhibitor agree that such amounts constitute a reasonable provision for liquidated damages. The Exhibitor shall also be liable for any payments required to be paid but not paid as of date of cancellation or breach of this Agreement.
- If the virtual platform used for the purpose of the PacRim-CDS (“Exhibition Premises”), shall become impossible because of a software or issue with the hosting platform or if the holding of the Exhibition or the performance of any of the provisions of this Agreement are interfered with by virtue of any cause, this Agreement and/or the Exhibition (or any part thereof), may forthwith be terminated or cancelled by the PacRim-CDS without the PacRim-CDS being liable in damages or otherwise to the Exhibitor. The PacRim-CDS shall also not be responsible for delays, claims, demands, damages, losses, increased costs, liabilities, changes, actions, expenses or any other unfavorable direct or indirect, consequential or otherwise conditions arising by virtue of any cause not within the control of the PacRim-CDS. Upon termination or cancellation as aforesaid, the PacRim-CDS shall not be liable to the Exhibitor other than for a refund of the contract price paid by the Exhibitor prorated on the basis of the number of exhibition days remaining. For purposes hereof, the phrase “cause not within the control of the PacRim-CDS” shall include fire, casualty, flood, epidemic, earthquake, explosion or accident, blockage, embargo, inclement weather, governmental restraints, restraints or orders of civil defense or military authorities, act of public enemy, riot or civil disturbance or commotion, malicious damage, sabotage, vandalism, acts of terrorism, or other similar activities, strike, lockout, boycott or other labor dispute or disturbance, inability to secure sufficient labor, technical or other personnel, absence of premises required for the Exhibition, failure, impairment or lack of adequate transportation facilities, inability to obtain or requisition or commandeering of necessary supplies or equipment, change in local, state or other law, ordinance, rule, order, decree or regulation, whether legislative, executive or judicial, and whether constitutional, or act of God and the words “act(s) of” shall include “threat of or perceived threat of”.
This Agreement may be terminated by the PacRim-CDS forthwith if in the PacRim-CDS’ opinion, the Exhibitor does not or may be unable to perform or comply with any of its obligations.
- Virtual Booth Assignment — The PacRim-CDS shall use reasonable efforts to make virtual booth assignments in accordance with the Exhibitor’s requests. However, the PacRim-CDS reserves the right to make final determination of all booth assignments. The PacRim-CDS shall have no liability for its failure or inability to comply with the Exhibitor’s requests, and the Exhibitor shall have no right to cancel this Agreement because of the PacRim-CDS’ failure to comply with the Exhibitor’s requests.
Virtual Exhibition booths will be allocated at the PacRim-CDS’ full discretion. The PacRim-CDS may change the floor plan and/or the configuration of the exhibition booths.
- No Assignment or “Subletting” of Space — The assigned booth space is for use by the Exhibitor only and may not be assigned or sublease to any third party unless there is a written approval from the PacRim-CDS.
- Warranty — The Exhibitor represents, warrants and undertakes that it is entering into this Agreement as principal and not as agent or nominee of any third party, and the exhibits to be displayed and/or materials uploaded by the Exhibitor at the the PacRim-CDS (“Exhibit”) do not infringe or are not likely to infringe any patent, trademark, copyright and other intellectual property right of any party and it agrees that in the Virtual Event of any breach of the representations, warranties and undertakings herein contained in this Agreement, the license herein granted may be terminated by the the PacRim-CDS (without the PacRim-CDS being liable for any damages or claim whatsoever and without prejudice to the the PacRim-CDS’ other rights and remedies) and the Exhibitor shall indemnify the PacRim-CDS’ against all claims, demands, losses, liabilities, charges, actions and expenses incurred by the Organizer as a result of such breach.
- Right to Reject or Eject — The PacRim-CDS may reject, eject or prohibit the Exhibit in whole or part, or the Exhibitor or its representatives, with or without giving cause. If cause is not given, the maximum liability of the PacRim-CDS (if any) shall not exceed the prorated amount of the contract price paid by the Exhibitor based on the number of days of the Exhibition remaining at the time of ejection. If any exhibit or the Exhibitor or its representatives is ejected for violation of any provisions of this Agreement or for any other stated reason, no refund of any portion of the contract price shall be made.
- Indemnification – The Exhibitor shall be liable for and shall insure, indemnify fully and effectively and hold the PacRim-CDS, their respective shareholders harmless against any and all costs, claims, demands, losses, liabilities, charges, actions and expenses which any of them may be subject to or may incur or which may be made, claimed or instituted against them or any of them as a result of any act, breach of any of the terms of this Agreement, omission, conduct or failure of the Exhibitor or its directors, officers, agents, servants, invitees or independent contractors. The Exhibitor’s aforesaid indemnity shall extend to cover all losses caused to any persons or property however caused by the Exhibitor or its personnel, or otherwise arising while the said persons are accessing the Virtual Exhibit booth or downloading exhibitor materials.
- Liability Limitation — The liability of the PacRim-CDS (if any) shall under no circumstances (whether arising from breach of contract, tort or otherwise) exceed the amount of the Virtual Event Participation Fee paid by the Exhibitor.
- Partial Invalidity — The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision herein.
- Revocation — Upon termination of this Agreement the license granted is revoked and thereupon the Exhibitor shall immediately leave the Exhibition Premises and remove the Exhibit.
- Set-Off Clause — The PacRim-CDS may in its sole discretion, deduct from or set-off against any money due by the PacRim-CDS to the Exhibitor or any sum which the Exhibitor is liable to pay to the PacRim-CDS.
- Assignment Clause — The PacRim-CDS may without the consent or approval of the Exhibitor, assign or transfer its rights and/or obligations under this Agreement. The Exhibitor may not assign or transfer any of its rights or obligations under this Agreement.
- Integration — This Agreement contains the entire agreement between the PacRim-CDS and the Exhibitor. It may not be orally modified. Only an agreement in writing signed by a duly authorized representative of the party against whom enforcement or waiver or modification is sought will be enforceable.