Shanghai 28 June - 1 July 2017

Terms & Conditions For The Experience Pass

legal

GSMA LTD., A WHOLLY OWNED SUBSIDIARY OF THE GSM ASSOCIATION WELCOMES YOU TO THE MOBILE WORLD CONGRESS SHANGHAI 2017 (THE “EVENT”). GSMA LTD. AND ITS AFFILIATES (TOGETHER “GSMA”) PROVIDE THE EVENT TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY OR PERSON ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS (“TERMS”). THESE TERMS ARE ENTERED INTO BY AND BETWEEN GSMA AND YOU, AS A USER OF A EXPERIENCE PASS (“EP”), e AS A HOLDER OF A EP; (c) CONSENTING TO A 3rd PARTY REGISTERING YOU FOR THE EVENT AS A HOLDER OF A EP; (d) BY ORDERING OTHER GOODS OR SERVICES VIA THIS WEBSITE; (e) USING THE WEBSITE; or (f) BY ATTENDING THE EVENT AS A HOLDER OF A EP.

Description of Services
The Mobile World Congress Shanghai will run from June 28- July 01, 2017 in Shanghai. This website provides registration and other services for the Event for the holder of a EP, including but not limited to information regarding promotional, sales, sponsorship, and networking opportunities for those doing business in the mobile industry (“Services”).

Eligibility
You represent and warrant that You are at least eighteen (18) years old. If You are registering on behalf of a third party, You represent and warrant that they are at least eighteen (18) years old and that You are authorised to accept these Terms on behalf of each person that You register, and that each person You register agrees to be bound by these Terms and agrees to indemnify GSMA for violation of these Terms. You also represent and warrant that You have registered to attend the Event having only used a registration code that You are actually authorised to use.

Where You have registered in accordance with the above and GSMA has reason to believe You are not at least eighteen (18) years old, GSMA may in its sole discretion, refuse You access to the Venue without an Authorised Adult (as defined later in these Terms) and You will be treated as a Non-Adult (as defined later in these Terms) under these Terms.

You represent and warrant that You are authorised by the company whose name You provided to GSMA during registration. You represent and warrant that neither You, nor any person or entity for whom You are registering, are currently on the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) List of Specially Designated Nationals and Other Blocked Persons (including terrorists and narcotics traffickers) (the “OFAC List”), nor on any similar restricted party listings, including those maintained by other governments pursuant to applicable United Nations, regional or national trade or financial sanctions. If You are added to any such restricted party list prior to Your arrival date, then You must notify us immediately. The OFAC List can be found by visiting http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. We may cancel and/or terminate these Terms (and any access granted to You to the: (i) Event; and/or (ii) Services) without penalty or liability if we reasonably believe it is necessary to do so in order for us to comply with our obligations under such applicable laws or regulations, including if You are added to any restricted party listings as described in this section. Cancellation and/or termination under this provision will result in forfeiture of all fees paid by You, in conformance with U.S. sanctions law.

Wristbands
Admission to the Event will not be granted without You wearing and presenting Your EP wristband. You may also be required to produce government-issued photo identification, as deemed sufficient by GSMA in its sole discretion. Such photo identification (government issued photo identification, for example, a passport, driving license (with photo card where applicable), or national ID card) will be required when collecting Your EP wristband onsite. Your wristband must be worn at all times during the Event.

You can register for your EP wristband onsite at the Event or in advance online at https://ep.mwcshanghai-registration.com/. Only one EP wristband is required throughout the duration of the Event and can be used over multiple days. Your mobile phone number will be required to register for Your EP wristband. A QR code will be sent to Your mobile phone which You will then use to redeem your EP wristband. The QR code can only be used once per day (i.e. only one wristband will be given to You per day). Lost attendee EP wristbands will not be replaced on the same day. In the event that you lose Your EP wristband, you can either: (i) use a different mobile phone number to register to receive a new QR code; or (ii) return on the next day of the Event and use your original QR code to gain entry on that day.

You may be required to produce government-issued photo identification, as deemed sufficient by GSMA in its sole discretion. Such photo identification (government issued photo identification, for example, a passport, driving license (with photo card where applicable), or national ID card) when collecting Your EP wristband onsite, when entering the Event venue, as well as when obtaining a replacement EP wristband.

Cancellations
You are responsible for cancellation of travel and hotel reservations if You do not attend the Event. GSMA reserves the right to cancel Your registration without notice if You fail to provide details as required in the relevant registration form, or You are in violation of any of these or any other applicable terms and conditions. You agree that GSMA is not responsible for any damages, direct or indirect, resulting from any cancellations.

Should the Event be postponed, GSMA shall provide You with a substitute EP for the rescheduled Event (if such a pass is available for the postponed Event). Should GSMA cancel the Event outright, You will be informed as soon as is reasonably practicable.
For the avoidance of doubt, You agree that in no event shall GSMA be liable to You or any third party for any other costs or damages, direct or indirect, consequential, punitive, incidental, special or general resulting from a postponement, cancellation, or termination, including but not limited to travel and accommodation. No costs, including but not limited to travel and accommodation, will be refunded for any reason whatsoever.

Identification
You agree to carry with You at all times during the Event, government issued photo identification, such as a passport, driving license (with photo card where applicable), or a national ID card. You agree to produce such identification upon request.

Non-Transferable
EP wristbands are non-transferable and are provided solely to the individual whose name is submitted to GSMA. No pass sales of any kind are permitted. GSMA reserves the right to take appropriate actions against those who sell passes to third parties and the purchasers of passes from persons or organizations other than GSMA, up to and including preventing admission to all future GSMA events.

Visas & Travel Authorisation
You are responsible for arranging appropriate travel authorisations to travel to, and gain entry, into the country where the Event is taking place. You are responsible for all costs associated with obtaining such authorisations. GSMA shall not compensate You, nor shall refunds be issued, in the event of Your inability to attend the Event due to lack of necessary travel authorisations.

Ownership
Registering for and attending the Event does not grant You any rights to use the name of the GSMA or any of its logos or trademarks. The Services and associated material provided by registering and attending the Event, including all images, designs, photographs, writings, graphs, data, or otherwise are the property of GSMA and are protected by international copyright, trademark, trade secret, or other proprietary rights.

Recordings
By attending this Event, You agree to the following:

1. Not to bring into the Event venue any equipment for the purpose of recording or broadcasting sounds or images (such as photographic, audio, video or any other form of audio-visual device) for any purpose other than a private non-commercial purpose, without the prior written consent of GSMA. Any recording or broadcasting equipment brought in, or used, other than for private non-commercial purposes and without the prior written consent of GSMA may be confiscated by GSMA and any recordings made destroyed;

2. Whilst at the Event, not to make any recording whatsoever or take any photographs for any purpose whatsoever, of speakers, exhibitors or their material without the prior written consent of GSMA; and

3. Not to publish, license or in any way disseminate recordings made or photographs taken within the Event venue of any persons or material, or enable others to do so, without the prior written consent of GSMA.

You understand and agree that a breach of the above provisions may lead to You being evicted from the Event venue. You may not be allowed to re-enter the Event or any future Events organized by or on behalf of GSMA.

You consent to GSMA (or its designees) recording You by any means including, without limitation, electronic recording, film, videotape, audio tape and photography (the “Recordings”) without compensation of any kind to You. You agree that GSMA shall be the copyright owner of the Recordings. You understand that GSMA is not obligated to use the Recordings.

To the best of Your knowledge, Your acts and statements contained in the Recordings will not violate any right of any other person or company.
You also understand that third parties attending the Event may capture Your image by many means including, without limitation, electronic recording, film, videotape, audio tape and photography. By attending the event, You consent to the capture of Your image without compensation to You and You release such third parties from any and all claims and causes of action You may have now or in the future including but not limited to defamation, invasion of the right of privacy, publicity or personality, copyright or trademark infringement and unfair competition.

You release GSMA from any claims and causes of action You may have now or in the future based upon defamation, invasion of the right of privacy, publicity or personality, copyright or trademark infringement and unfair competition in connection with the Recordings and GSMA’s use of the Recordings and You agree not to institute any legal action based on any grounds whether or not specified in this section.

All the rights granted to GSMA by You hereunder are irrevocable and perpetual, and you waive all rights to any equitable relief in connection with these Terms.

Event Entry
GSMA reserves the right, in its sole discretion, to limit or deny access to the Event venue to any entity or individual. You may bring an individual under eighteen (18) years of age (a “Non-Adult”) to the Event where You are their parent, legal guardian or such other appropriately authorised adult (each an “Authorised Adult”) and the Non-Adult will be given a EP wristband at the Venue (no-pre registration is required). The GSMA may request that You sign a disclaimer in order to allow a Non-Adult access to the Event venue.

EP Venue Access
As the holder of a EP, You will only be able to access certain areas of the Event venue (“EP Access Areas”). A list of the EP Access Areas is available at www.mwcshanghai.com and at the Event venue and may be updated from time to time. It will be Your responsibility to familiarise yourself with the EP Access Areas and to ensure that You remain within them during the Event. Those Non-Adults who are under sixteen (16) years of age (“Youths”) shall: (i) be given a designated EP Youth wristband at the Venue (no pre-registration is required); and (ii) only be able to access certain of the EP Access Areas (the “EP Youth Access Areas”). A list of the EP Youth Access Areas is available at www.mwcshanghai.com and at the Event venue. You will be responsible for ensuring that any Youth that you bring to the Event: (i) remains within the EP Youth Access Areas; (ii) wears their designated EP Youth wristband; and (iii) is accompanied by You, at all times during the Event.

GSMA may change, amend or otherwise alter the Event access rights for holders of a EP and/or EP Youth pass holders at any time, for any reason, without notice, in GSMA’s sole discretion.

Suitcasing and Outboarding
Suitcasing and Outboarding at the Event are strictly prohibited. “Suitcasing” occurs when companies or persons attend the Event as attendees but “work the aisles” soliciting business from other attendees and exhibitors. “Outboarding” occurs where companies set up events at a location other than the Event venue that encourage attendees to leave Event venue. You agree that You will not plan, attend, or otherwise participate in an Outboarding event that takes place (i) during the Event and (ii) in the three (3) days before and after the Event. You will not engage in or support Suitcasing or Outboarding in any way. Failure to comply with the foregoing will result in immediate cancellation of Your attendee EP wristband.

Smoking/E-Cigarettes
Smoking, including the use of smokeless tobacco products, e-cigarettes and unregulated nicotine products is strictly prohibited except in designated areas.

Voluntary Participation
You may volunteer or be asked to participate in demonstrations or exhibits during the course of the Event. Any participation by You in such a demonstration or exhibit is on a voluntary basis and is not a requirement. You may purchase or be invited to participate in hospitality offerings by third parties and such offerings may include high risk activities, including, but not limited to, flights in a hot air balloon, helicopter or bi-plane rides and/or other activities which carry risk to any person and/or property. You understand that You participate in such demonstrations, exhibits and hospitality offerings entirely at Your own risk. GSMA is not responsible or liable for any injury You may suffer as a consequence of participating in such demonstration or exhibit other than to the extent such injury is caused by GSMA’s negligence. GSMA expressly disclaims any liability whatsoever for injury or damage caused to You by Your participation in hospitality offerings provided by third parties.

Term and Termination
These Terms are effective until terminated by GSMA. You agree that GSMA may terminate these Terms at any time, for any reason, without notice, in GSMA’s sole discretion. In the event of termination, You are no longer authorized to attend the Event. You agree that GSMA shall not be liable to You or any third party for any termination of Your access to the Services, unless otherwise stated herein.

Force Majeure
In the event that GSMA is prevented from carrying out its obligations as a result of any cause beyond its control, including but not limited to acts of God, war, acts of terrorism, disease or pandemic, virus propagation, airline flight cancellations, strikes, lock-outs, floods, and failure of third parties to deliver goods or services, GSMA shall be relieved of its obligations and liabilities for as long as i) fulfilment is prevented; and/or ii) performance becomes impossible, at which time the provisions under the “Cancellation” section above, particularly for postponement or cancellation of the Event by GSMA, shall apply.

Your Collection of Attendee and Exhibitor Data
You are permitted to collect personal and contact information from other attendees and exhibitors that is publicly available or that is voluntarily provided to You. You may use this information for internal purposes only. In no event are You permitted to share all or part of this information with any third parties (which includes the sale of such information to third parties).

Privacy Policy
In order to provide You with the Services, it is necessary to collect and use certain personal information relating to You. Details of said collection, use thereof, and Your associated rights thereto are found in the GSMA’s Privacy Policy at http://www.mwcshanghai.com/privacy/ . The terms of the Privacy Policy are incorporated herein and You (on Your own behalf and on behalf of any third party whose information You are duly authorized to provide) acknowledge that You have read, understand, and agree to the Privacy Policy. If You have any question with respect to the Privacy Policy or collection or use of Your personal information in general, please contact GSMA at crm@gsma.comcrm@gsma.com. You hereby agree that GSMA retains and uses any and all personal data and information for the full duration of existence of Your account. You hereby consent to GSMA and its affiliated companies using Your personal information including Your name, mobile number, address, email, employer, and job title data in order to provide You with an account and to provide You with services associated with Your attendance at the Event. You also consent to such personal information being given to other companies who also provide services associated with the Event, including networking and planning services, training courses, and other Event related services, whether such services are delivered by way of an App, a website or otherwise. You also agree that Your personal data and other information may be disclosed to law enforcement agencies and third party security providers for the purpose of crime prevention, crime detection and security.

In order to facilitate networking and business relationships at the Event, You may be asked for permission to scan Your attendee EP wristband via a lead retrieval system. You understand that Your EP wristband holds secure data related to You including but not limited to Your name, mobile number, address, email, employer, and job title. In the event that You allow Your attendee EP wristband to be scanned, You are explicitly consenting to use by the recipient of data which is personal to You. You understand that GSMA has no control over how Your personal information may subsequently be used and You therefore agree to indemnify, defend and hold GSMA harmless in relation to such use. You also understand that if You allow Your personal and contact details to be visible to other attendees, that such information is essentially public information and GSMA has no control over its use. You therefore agree to indemnify, defend, and hold GSMA harmless in relation to any such disclosure. Please direct all questions pertaining to the use of Your personal information by a person who scans Your EP wristband, to that person.

Our policy regarding cookies can be found at: http://www.mwcshanghai.com/cookie-policy

Data Protection
You warrant and represent to GSMA that You are over eighteen (18) years old. The data You provide GSMA with the registration form and such that can be obtained from Your relationship with us will be included in a file or files of GSMA’s official registration service provider Jemex Ideas Co Ltd, based in Room 109, No 223 Mengzi Road, Huangpu District, Shanghai, acting as the representative of GSMA Ltd, based in 1000 Abernathy Road, Suite 450, Atlanta, Georgia 30328, United States of America. The data provided will serve the purpose of: managing Your registration request, sending You the registration confirmation and all the documentation that may be of interest for the congress, access control, as well as for maintenance, implementation, development and control of Your relationship with us.

You also authorize us to communicate Your data to GSMA Ltd., based in 1000 Abernathy Road, Suite 450, Atlanta, Georgia 30328, United States of America. As You may be aware, the United States does not have a level of data protection comparable to Europe, for the same purposes aforementioned. Furthermore, the data may be processed and/or disclosed to third parties if there is any legal and/or contractual obligation.

You may exercise Your right to access, rectification, cancellation and objection, by writing to Jemex Ideas Co Ltd, at the address above mentioned. Please enclose a soft copy of an official document accrediting Your identity.

No Warranty
THE GOODS AND SERVICES ORDERED THROUGH GSMA WEBSITES ARE PROVIDED TO YOU “AS IS”. GSMA GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, GSMA EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF YOUR ATTENDANCE AT THE EVENT REMAINS WITH YOU. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE GSMA’S LIABILITY FOR THE FOLLOWING: (I) DEATH OR PERSONAL INJURY RESULTING FROM ITS, ITS EMPLOYEES’ OR ITS SUB-CONTRACTORS’ NEGLIGENCE; OR (II) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

Limitation of Liability
If GSMA, its parent, its affiliates or any of their officers, directors, employees, agents, third-party content providers, licensors or the like, are liable to You for any reason, liability will be limited to the amount paid by You for the Goods and Services in the year in which such liability arose. This limit does not apply to any liability GSMA may have for death or personal injury resulting from GSMA’s negligence or any other liability that cannot be excluded by law. You agree that any action must be commenced within one (1) year after the claim or cause of action arises.

Indemnification
You agree to indemnify, defend, and hold harmless GSMA, its parent, affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to Your Event attendance, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right or Your participation in a hospitality offering provided by a third party during the Event.

Entire Terms
These Terms constitute the entire agreement between GSMA and You with respect to the Event, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and GSMA with respect to the Event. However, there may be legal notices on other areas of this website that relate to the ordering of goods and services, all of which will, together with these Terms govern Your ordering of Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Modifications to these Terms
These Terms are subject to change without notice, and may be revised or updated from time to time in GSMA’s sole discretion. All amended terms shall automatically be effective immediately when posted on this website, and apply to all access to the Event and use of any websites, apps, or services in relation to the Event thereafter. You agree that You are responsible for periodically returning to this website and reviewing these Terms to understand the current Terms and Conditions applicable to this Event. GSMA does not and will not assume any obligation to notify You of changes to these Terms. Your continued use of any websites, apps, or services, or attendance at the Event, means that You accept and agree to the changes. Except as outlined herein, these Terms may not be otherwise amended except in a writing signed by You and GSMA. The following Sections survive any termination of these Terms: Ownership, No Warranty, Limitation of Liability, and Indemnity.

Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement You transmit through this Website or an App associated with the Event, including but not limited to any consent You give to receive communications from GSMA solely through electronic transmission. You agree that when in the future You click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.

General
GSMA shall not be liable for any failure to perform any of GSMA’s obligations under these Terms that is caused by circumstances beyond GSMA’s reasonable control, including but not limited to any force majeure incident. You understand that pursuant to safety and other regulations with which GSMA must comply, presentations, seminars or sub-events (collectively, “Sub-Events”) within the Event will be subject to maximum capacity limitations. You agree that entry to Sub-Events shall be permitted on a “first come first served” basis and that once the space allocated for a Sub-Event is full to capacity, You shall not be permitted entry.

GSMA’s failure to exercise or enforce any right or provision of these Terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GSMA in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. GSMA reserves the right at any time to make changes or corrections and to alter, suspend or discontinue any aspect of any of the Services for which You have registered. If GSMA exercises its right to withdraw, GSMA may at its option offer You broadly equivalent replacement Services or refund Your payment which shall constitute a final settlement of any dispute between You and GSMA, and shall discharge any and all liability of GSMA to You. Notices to You may be made via either e-mail or regular mail. Information sent to You pertaining to the Services may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices.

Governing Law
The construction, validity and performance of these Terms are exclusively governed by the laws of the State of Georgia, USA, without reference or regard to principles of conflicts of law and the parties submit to the exclusive jurisdiction of the courts of Georgia or the US District Court in Atlanta, Georgia. If any provision of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable such holding shall not affect any other provision hereof, and these Terms shall be construed as if the invalidated or unenforceable provision had not been contained herein.

In the event of any conflict or inconsistency between the Chinese and English versions of these Terms, the English version of these Terms shall prevail.