1. Definitions. (a) “Exhibitor” means the applicant identified on the Event Application; (b) “Event” means the virtual event identified on the Event Application, Celebrate! West Hartford 2021; (c) “Platform” means Eventeny.com, the operating system in which Celebrate! West Hartford will be held; (d) “Producer” means the Town of West Hartford, its respective agents, employees, affiliates, successors and assigns.
2. Agreement. The Event Application, when properly executed by Exhibitor and upon written acceptance by Producer, shall constitute a valid and binding agreement for Exhibitor’s participation in the virtual Celebrate! West Hartford 2021 Event. Producer reserves the right to interpret this Agreement and to adopt further regulations as may be deemed necessary by it for the general success of the Event, including (without limitation) the conditions, rules and regulations stated herein, and in any Event materials associated with the Event, all of which are made a part hereof as though fully incorporated herein, and the Exhibitor agrees to be bound thereby. Exhibitor agrees that Producer is under no obligation to rent space to Exhibitor in future shows or future years. Accepted Exhibitor agrees to set up an online store that is open for sales to customers visiting the Celebrate! West Hartford Online Marketplace from June 1 – 30, 2021. Exhibitor also agrees not to sublet or apportion to anyone else said online store. Furthermore, Exhibitor shall adhere to the Terms of Service as indicated on the Platform’s Website (Eventeny.com).
3. Exhibitor Conduct.
a. Exhibitor’s store must be limited to the category of product (e.g. Jewelry, Pottery, Stone, etc.) indicated on the Exhibitor’s Application.
b. Only the original work of the participating Exhibitor may be sold. Imports, works made from kits of any kind, manufactured articles, wholesale goods and food items of any kind are prohibited.
c. No sales representatives or agents are allowed. No items bought or otherwise obtained from a non-exhibitor are allowed to be sold by Exhibitor. In other words, no imports or “buy & sell” items are allowed.
d. Producer reserves the right to decline, prohibit or expel any content and solicitations of any sort and/or to terminate Exhibitor’s access to the link to the Platform if, in Producer’s judgment, such is objectionable, inappropriate or out of keeping with the character of the Event.
e. Exhibitor must be dressed appropriately in keeping with the show environment during any video accessible through the Virtual Show. Exhibitors who are uncertain with regard to compliance with the appropriate apparel and entertainment regulations are encouraged to consult with Producer.
4. License. Exhibitors selling health/beauty products must provide a copy of Exhibitor’s State of CT License, which should be emailed to the Producer prior to the Event.
5. Taxes. Exhibitor shall be responsible for obtaining any tax identification numbers and paying all taxes, license fees or other charges that shall become due to any governmental authority in connection with its activities at the Event.
6. Use of Likeness. By participating in the Event, Exhibitor acknowledges and agrees to grant Producer the right at the Event to record, film, live stream, photograph, or capture his/her likeness in any media now available or hereafter developed for the purposes of promoting and advertising future events.
7. Representation and Warranty. Exhibitor represents and warrants to Producer that: (a) Exhibitor is the sole author and legal and beneficial owner of the content displayed at the Event; (b) Exhibitor has obtained all necessary rights, consents and licenses required to use, amend edit, adapt, publish the content for the purpose of the Event and Producer shall be entitled to see evidence to this effect on request; (c) the use, reproduction, distribution or transmission of the content, including any exercise of the likeness under Paragraph 6 by Producer will not violate any applicable laws or any rights of any third parties, including infringement of any copyright, patent, trade mark, trade secret, or other proprietary right, false advertising, unfair competition, defamation, obscenity, piracy, invasion of privacy or rights of celebrity, infringement of any discrimination law, securities law or regulation, or of any other right of any person or entity.
8. Producer’s Rights. At its discretion, if at any time Producer deems an exhibit, or an exhibit’s contents objectionable, Producer reserves the right to remove and/or cancel the exhibit space or any portion thereof at Exhibitor’s sole expense. This reservation includes persons, things, conduct, printed matter, signs, products or any item of poor character, which in the sole judgment of Producer, is detrimental to or unsuitable for the Event or jeopardizes the Event’s safe operations. This right may be exercised by Producer at any time, regardless of whether it is before the Event or during the Event. In the event the right is exercised during the Event, Producer shall not be liable for refund of exhibit space fees, exhibit equipment rental fees or any other expenses incurred by reason of Producer’s removal of objectionable contents or cancellation of the exhibit space or any portion thereof. Exhibitor hereby expressly waives any and all rights and claims, actions and demands for damages, costs and expenses, including without limitation, legal fees, lost profits, and costs of goods sold against Producer, its directors, officers, agents, employees and/or servants for such removal and/or cancellation.
9. Indemnification. If Exhibitor, or any of Exhibitor’s agents, employees, invitees or guests (a) is alleged to have committed any act or omission, directly or through one or more of its officers, directors, employees, agents or representatives, constituting negligence or willful misconduct relating to its participation in the Event, or (b) breaches any of its obligations, representations, warranties or covenants herein, (c) violates, or allegedly violates any rule, law or regulation applicable to it, or (d) infringes, violates or impermissibly uses or misappropriates any intellectual property of any third party, then Exhibitor shall indemnify, defend on a current basis, and hold harmless Producer, and its respective officers, directors, employees, agents, affiliates, successors and assigns (each, an “Indemnitee”), from and against any judgment, loss, damage, cost, or expense, and other liabilities, together with all reasonable costs and expenses related thereto.
10. Disclaimers; Limitation of Liability.
a. Exhibitor acknowledges that the Platform is delivered over the Internet and, accordingly, is subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Producer makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Platform. Producer does not represent or warrant that: (a) the use of the Platform will be secure uninterrupted or error free; or (b) the Platform or the servers that make the services available are free of viruses or other harmful components.
b. Exhibitor agrees that, to the fullest extent permitted by law, Producer, its respective representatives, employees, agents and attorneys, are not liable for any injury, loss or damage that may occur to Exhibitor, or to Exhibitor’s employees, agents, guests, invitees or property from any cause whatsoever, prior to, during, or subsequent to the period covered by this Agreement arising out of, or related to its participation in, or sponsorship of the Event. Exhibitor assumes all responsibility and liability for losses, damages and claims arising out of injury or damage to, or caused by, Exhibitor’s Content, employees or representatives. Exhibitor agrees that Producer will not be liable in the event of any errors or omissions in the Event’s directory listing or any other materials provided by Producer. Exhibitor acknowledges and agrees Producer makes no representation or warranties with respect to either the number of Event attendees or delegates.
11. Americans with Disabilities Act (ADA). Exhibitor agrees that, in connection with each Event organized by Producer, it may require a public accommodation in accordance with Title III of the Americans with Disabilities Act (ADA). As a public accommodation, Exhibitor agrees that in connection with the Event, Exhibitor will: (a) provide any services as may be necessary to ensure effective communication with participants of the Event; (b) and not discriminate or retaliate against any individual in violation of the ADA.
12. Compliance with the Law. Exhibitor agrees to comply with and be bound by all laws of the State of Connecticut, all applicable ordinances, rules and regulations of the Town of West Hartford; as well as those policies and criteria established by the Platform and the laws governing virtual environments.
13. Severability; Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. The failure of either party to enforce at any time or for any period of time any of the provisions of this Agreement shall not constitute a waiver of such provisions or the right of such party to enforce each and every provision.
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