Odyssey Terms & Conditions
Hello. These terms and conditions (the “Event Terms”) govern attendance and participation in events produced by Parrut, Inc. dba Uncubed and listed on the Uncubed website or through third-party sites, such as splashthat.com.
When used herein, the terms “we”, “us”, “our”, and “Uncubed” refer to Parrut, Inc. dba Uncubed., 50 Eldridge Street, 5th Floor, New York, NY 10002. The term “Uncubed Event” means an event, gathering, promotion, meetup or similar that is organized and/or hosted by Uncubed.
In order to participate or attend an Uncubed Event, you must first agree to these Event Terms. If, after reading and evaluating these Event Terms, you cannot or will not agree to any terms or conditions within it, you are not eligible to participate in an Uncubed Event. If you RSVP, purchase a ticket, or contact the Uncubed team stating your interest in attending, you are stating that you have read, understand, and agree to these Event Terms.
2. PHOTOS AND VIDEOS
Uncubed and its sponsors, vendors, partners and any press in attendance may take photos and videos at Uncubed Events, and later use them for promotional purposes. By participating or attending any Uncubed Event, you understand and agree that you may appear in some of these photos and videos, and you also authorize their use for promotional purposes. Similarly, if you take any photos or videos of attendees at an Uncubed Event and provide them to us either directly or via social media, you authorize us, our sponsors, vendors, partners and press to use them for promotional purposes, and represent that the attendees that appear in your photos and videos have also consented to such use.
3. ASSUMPTION OF RISK / RELEASE OF LIABILITY / INDEMNIFICATION
(a) Assumption of Risk. Although we work hard to create a safe environment, accidents happen. We ask that you do your part to help limit the possibility that you might get injured at an Uncubed Event.
You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend an Uncubed Event. You accept responsibility for ensuring you are in the physical health required to safely attend an Uncubed Event, and, should you be of age, to always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired.
In short, you understand that your attendance and participation at Uncubed Events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law. Further, you agree that Uncubed is not responsible for any injuries or accidents that you might sustain at an Uncubed Event.
(b) Release of Liability. You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue Uncubed and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys fees) which may arise out of, result from, or relate in any way to your attendance at any Uncubed Event, except, for any gross negligence or willful misconduct on our part.
(c) Indemnity. By the same token, you agree to indemnify and hold Uncubed, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at any Uncubed Event.
Uncubed may prohibit your attendance at any Uncubed Event at any time if you fail to abide by these Event Terms, the Terms of Service, or for any or no reason, without notice or liability of any kind. In the event of any termination, whether by you or us, the applicable terms of the Event Terms will continue in full force and effect.
5. CHOICE OF LAW AND VENUE
New York law will govern these Event Terms, as well as any claim, cause of action or dispute that might arise between you and Uncubed (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK.
6. GENERAL TERMS
You agree that you will not represent yourself as an employee, representative, or agent of Uncubed. We reserve the right to cancel any Uncubed Event at any time, for any reason, and without liability or prejudice. Any failure on Uncubed’s part to exercise or enforce any right or provision of the Event Terms does not constitute a waiver of such right or provision. If any provision of the Event Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Event Terms shall otherwise remain in full force and effect and enforceable.
COPYRIGHT © 2015 PARRUT INC. DBA UNCUBED, 50 ELDRIDGE STREET, 5TH FLOOR, NEW YORK NY 10002.