June 3–5, 2024
WITH OPENING PARTY ON JUNE 2
NIVA ‘24 Terms & Conditions
National Independent Venue Association, Inc. (“NIVA”) is proud to produce our family of events at in-person, physical events (“Physical Events(s)”), including, without limitation, “NIVA ’24” (the “Conference”), and/or in online formats, (“Online Event(s)”)(the Physical Events and Online Events are collectively referred to herein as the “Event(s)”).
These NIVA Participation and Credentials Terms and Conditions (the “Terms”) apply to (i) you and any individual or entity you are making a purchase on behalf of to participate in any NIVA Events (“you” “your” or “Participant”), (ii) such Participant’s application for involvement in the Events (“Application(s)”) and (iii) Participant’s registration, attendance, participation, and/or enrollment, including, without limitation, purchase and/or possession of any NIVA Event entry or access credentials or permissions whether physical or digital, badges, tickets, passes, and giveaways (Wristbands, tickets, passes, permissions and badges are collectively referred to herein as “Credentials” whether applicable to the Conference of any other Events). By clicking “I Agree to the Above Terms & Conditions” below or by obtaining Credentials you acknowledge and agree to these Terms.
Applicable Terms. The Credentials selected for purchase are for a Physical Event and/or an Online Event, and only the terms concerning the type of event(s) you selected apply.
Official NIVA Credentials and Applications.
Credentials. NIVA, its agents and representatives are the sole creators, sellers, and distributors of NIVA Credentials. Any Credentials not created by and legally acquired from NIVA or its authorized agents or representatives will be considered fraudulent and invalid, and subject to revocation. NIVA reserves the right to pursue any and all legal action available against any person or entity involved in the actual or attempted creation, dissemination or use of an unauthorized Credential.
Purchase of Credentials. All purchases of NIVA Credentials must be submitted through https://www.nivassoc.org/conference. Any NIVA Credentials not purchased https://www.nivassoc.org/conference are not official NIVA Credentials and will not be considered.
Refund & Revocation Policy.
All Credentials are the sole property of NIVA. As always, if Participant violates these Terms, NIVA has the right, in its sole discretion and at any time determined by NIVA, to cancel, revoke, or refuse all transactions with any individual or entity, including, without limitation, the following: Credentials, purchases, and/or hotel reservations made through NIVA. NIVA will not be responsible for any penalty, fee, loss, or expense incurred by Participant that might result from such action, regardless of whether such penalty, fee, loss or expense was foreseeable or NIVA was advised of the same.
NIVA does not issue refunds under any circumstances, including, without limitation, for Application fees or Credentials purchases. Any and all payments made to NIVA are not refundable for any reason, including, without limitation, failure or inability to use Credentials due to illness, positive Covid-19 test, acts of God, public health crisis, government restrictions, travel-related problems, acts of terrorism, loss of employment and/or duplicate purchases. NIVA will not issue refunds, deferrals, or credits for Credentials that have been revoked.
If an Event is canceled in its entirety for any reason, you may defer your Credentials to the next NIVA Event of the same type for which your Credentials were purchased. If an Event is canceled in its entirety for any reason, you agree that aside from obtaining a deferral credit for your Credentials, you will have no remedy against NIVA, at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind, regardless of whether such loss or damage was foreseeable or NIVA was advised of the same.
If an Event in its entirety is postponed for any reason, your Credentials will be valid for the rescheduled dates in the same calendar year for such Event. If an Event in its entirety is postponed for any reason, you agree that aside from your Credentials being valid for the rescheduled dates, you will have no remedy against NIVA, at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind, regardless of whether such loss or damage was foreseeable or NIVA was advised of the same.
Unused Credentials have no monetary value and cannot be credited to future years or events unless the Event in its entirety is canceled and you defer your Credentials to the next Event.
Lost or stolen Credentials will not be replaced. If Credentials are lost or stolen, new Credentials will need to be purchased at the full price in effect at that time for a Participant’s continued access to the Events, including, without limitation, showcases, parties and conference content.
Use of Credentials by anyone other than the authorized individual will result in revocation of the Credentials without a refund.
Credentials Transfer Policy. NIVA Credentials are issued to, can be picked up by, and used by only the Participant named in the registration.
Credentials Required for Entry.
Physical Events. For security reasons, and to allow entry into NIVA Physical Event(s), Participant must wear, possess and present their Credentials at Physical Events as follows: (i) badges must be on the NIVA-issued lanyard around Participant’s neck while participating in Physical Events; (ii) Wristbands must be securely affixed to the Participant’s wrist and remain on the Participant’s wrist throughout the NIVA Physical Events; and (iii) digital Credentials for the Physical Events must be presented by the Participant on a digital device in their possession. No other laminates may be worn on the NIVA lanyard for the badge to be valid. If Credentials are not worn or presented correctly by a Participant, NIVA reserves the right to deny that Participant’s entry into NIVA Physical Events.
Online Events. Sharing Credentials for access to Online Events is strictly prohibited.
Entry and Restrictions. NIVA Credentials allow the Participant entry or other access to specific defined Events, but do not guarantee admission or other access to all elements of an Event. Event admission and participation are subject to certain limitations, including, without limitation, venue capacity, geoblocking, technical limitations and age restrictions in compliance with state and local laws, and Covid-19 safety policies. Age restrictions, capacity and Covid-19 safety policies are specific to each venue and are set by the venue and relevant local, state and federal authorities. Solely to the extent applicable, venues participating in Events may each have their own restrictions limiting entry with certain foods, beverages, or other items such as chairs or bags that are non-transparent or do not fit specified dimensions.
Credentials Cannot be Prizes. NIVA Credentials may not be used as a prize or incentive in any form of promotion, contest, game, or sweepstakes without advance written approval from NIVA.
No Tampering with Credentials. Tampering with any Credentials, including, without limitation, Wristbands (e.g., stretching, tearing, cutting, taping, etc.) is not permitted. If tampering is evident, the applicable Credentials will be invalidated and confiscated, and Participants will not be allowed entry to any/all NIVA venues and/or Events where the Credentials are required.
System Requirements; Content Use; Anti-Piracy.
Participant understands and agrees that access to Online Events and use of any related services provided by NIVA or its vendors is dependent on Participant’s internet connection, hardware and certain software (including third party software) that may be required or may need updating. NIVA is not responsible for any streaming lags, interruptions, outages, or Participant’s inability to access Online Event content as a result of Participant’s internet connection or any other technical, hardware, equipment, system, server or technology related issues. Participants are responsible for their own data security while accessing the Online Events. Participant acknowledges that a high speed internet connection is necessary in order to access the Online Events through a mobile network, and that Participant’s network or roaming network may apply fees for data usage. Participant acknowledges and agrees that the system requirements set forth in this Paragraph 9 are your sole responsibility.
Participant’s ability to view Event content may vary based on the rights availability of such content, the Credentials purchased, and/or Participant’s geographic location.
Participant is strictly prohibited from copying, republishing, downloading, transmitting, modifying, renting, leasing, loaning, selling, assigning, distributing, recording, licensing, sublicensing, reverse engineering, or creating any derivative works based on any content delivered by NIVA as part of the Events, or otherwise using any Event content in a manner that does not comply with these Terms, the NIVA Terms of Use, or other content usage guidelines provided by NIVA in writing, unless Participant has obtained express permission from NIVA and the applicable rightsholder(s).
Participant agrees to not use any device, software, internet site, web-based service, or other means to remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Event content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Event content, including, without limitation, any applicable geo-filtering mechanisms. For clarity, Participant may not use any technology or technique that obscures or disguises Participant’s location when accessing the Online Events or related services.
Image Release, Photography and Video.
Photographs and/or audio/video recordings taken at the Events by NIVA, or others on behalf of NIVA, may include Participant’s image, name, voice and/or likeness. By attending and/or participating in the Events, Participant hereby grants NIVA permission to perpetually use, and to sublicense to third-parties, Participant’s photograph, image, likeness, voice and statements (whether in writing or orally) for any purpose, including, without limitation, commercial purposes, without compensation or credit to the Participant, in any and all media, worldwide, now known or hereafter devised.
No Participant shall photograph or take video of any Event for commercial, journalistic or editorial purposes without obtaining permission and credentials from NIVA.
Lost or Damaged Items. NIVA is not responsible for lost or damaged items.
Code of Conduct. Participant hereby agrees to the Code of Conduct applicable to the Event Credentials Participant is purchasing or using, which is incorporated herein by this reference. The NIVA Code of Conduct applicable to the Physical Events and Online Events is available at https://www.nivassoc.org/codeofconduct. If NIVA determines that a Participant violated the NIVA Code of Conduct, NIVA reserves the right, in its sole discretion, to revoke that Participant’s Credentials without refund, deferral or credit to the Participant.
Weapons-Free Policy. The Conference or any other Events are private events and maintain a Weapons-Free Policy for all Events, which is incorporated herein by this reference, and Participant agrees to its terms. Without limiting the Weapons-Free Policy, Participants are prohibited from carrying weapons of any kind, including, without limitation, concealed or displayed firearms, and are not permitted to bring weapons onto the premises of any Events. Participant’s bags may be checked prior to entering a physical, in-person venue (whether part of the Physical Events or production for the Online Events) by employees, contractors and/or representatives of: (a) NIVA; (b) the venue for Events; and/or (c) NIVA’s clients or sponsors. NIVA reserves the right, in its sole discretion, without refund, deferral or credit to Participant, to deactivate and/or revoke the Credentials of a Participant if such Participant violates this Weapons-Free Policy. Participant agrees that this policy is in force, and agrees to comply with the policy, regardless of the terms of any signs posted on the premises or venue of any Event.
Safety. Participant agrees to comply with the safety, hygiene and COVID-19 guidelines established by NIVA and the relevant health authorities, including, without limitation, the Centers for Disease Control as may be set forth by NIVA and made available to Participants at Events or on NIVA’s official website at https://www.nivassoc.org.
Additional NIVA Policies. Participant has read, understands, and agrees to the following policies: Terms of Use and Privacy Policy. NIVA reserves the right to institute and implement additional written policies governing Participant’s attendance at the Events.
Personal Information. The NIVA website uses cookies as a collection tool along with personal data that you share with NIVA to tailor marketing to your interests, deliver the goods/services you purchase from NIVA, and to enhance and customize your experience on the NIVA website and at the Events. The NIVA Privacy Policy is available here: https://www.nivassoc.org/privacy-policy which includes more information about how NIVA collects and uses personal data, and how to update your preferences.
Voluntary Participation and Assumption of Risk. Participant understands and agrees that participating in the events is voluntary and may involve certain risks of physical injury, damage to property, whether physical property or intellectual property, and other damages or losses that may be sustained by participant, and participant assumes all risk of damage, property loss, and/or personal injury which may occur as a result of participating in the events, including, without limitation, exposure to COVID-19. Participant hereby releases NIVA, NIVA sponsors and NIVA official venues, and each of their respective officers, directors, managers, employees, volunteers, contractors, suppliers and representatives (the “released parties”) from any liability associated with participating in the events, including liability for the negligence of any released parties, unless such liability is due to the gross negligence of the released parties, in which case the release will still apply to any of the released parties that were not grossly negligent.
Limitation of Liability. In no event shall NIVA be liable to any participant, or any other person or entity for any personal injury or damages to property, data loss, damages for loss of business profits or other pecuniary loss, including any direct, consequential, incidental, special, punitive or similar damages, arising out of any participant’s use of the credentials and/or participation in the events, even if NIVA or participant has been advised of the possibility of such damages.
No Warranties. Except as may be expressly set forth in these terms, participant’s participation in the events, and all services and products provided in connection with the events, are provided “as is” without any warranty of any kind. Niva expressly disclaims all express, implied, or statutory warranties, representations or conditions, whether written or oral, including any implied warranties of merchantability, fitness for a particular purpose, security, reliability, integration, safety, or any warranties that may arise from course of dealing. Niva expressly disclaims any warranties not expressly stated herein and has made no Representations or warranties to participant about the suitability, condition or safety of the NIVA events, NIVA platform or digital transmission of the events, your ability to access or use NIVA content or services, any equipment provided by NIVA or its vendors, NIVA services or products supplied as part of the events or that the events, including any streaming, will operate without interruption or be error free.
Indemnification. Participant agrees to indemnify, defend, and hold NIVA and its affiliates, and each of their respective officers, directors, managers, employees, volunteers, contractors, suppliers, and representatives harmless from and against any and all claims, demands and all other liabilities, including, without limitation, costs and attorneys’ fees, made by any third party arising out of or in connection with Participant’s participation in the Events, use of the Credentials, or any violation of the Terms by Participant.
Choice of Law and Exclusive Venue and Jurisdiction. These Terms are governed by the laws of the State of New York, without regard to its principles of conflicts of laws. Participant and NIVA hereby irrevocably submit to the exclusive jurisdiction of the United States federal and state courts located in New York, New York, including waiving any objection to personal jurisdiction, and agree that any such court will be the proper forum for the determination of any dispute arising hereunder.
Updates to Terms. NIVA reserves the right to make changes to the Terms as posted, so be sure to check back and review the Terms from time to time prior to purchase.
General Provisions. Nothing in these Terms establishes an agency, partnership or joint venture between the parties, or relationship of employer or employee, between the parties (or between either party and the other party’s personnel). Headings are included for convenience only and will not be used to construe these Terms. In the event that any term or provision of these Terms is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other term or provision hereof (which will remain in effect), and the parties agree thereafter to use their best efforts to substitute a provision of similar economic intent and effect. NIVA may assign this agreement to a third-party at its discretion.