Digital Venue Terms of Use


Last Modified: December 20, 2022

Welcome to CES® 2023

Welcome to the CES 2023 and the related websites, services, applications, and content (collectively, the “Services”) at our digital venue(s) (“Digital Venue(s)”) that are provided by the Consumer Technology Association (CTA)® in the United States (referred to as “CTA”, “we”, “us”, “our”) to the exhibitors, attendees and media of the Digital Venue (referred to as “you”, “user”, “your”).

These Terms of Use (“Terms”) govern our relationship and serve as an agreement between you and us under which you may access and use the Digital Venue and Services. The Terms apply to anyone accessing or attempting to access the Digital Venue or Services whether registered or unregistered. Access to certain Services or features of the Services may be subject to restrictions and may not be available to all users of the Digital Venue. Our Services are provided for private, non-commercial use. Your access to and use of the Services is also subject to our Privacy Policy, Cookie Policy, CES 2023 Digital Community Guidelines and CES Code of Conduct Policy, which can be found directly at the Digital Venue site and are incorporated herein by reference.

You agree that by registering, downloading, accessing, or using the Digital Venue and Services, you are entering into a legally binding agreement with CTA regarding use of the CES 2023 digital activation, Digital Venue and Services. Please take the time to read these Terms carefully. If you do not agree to these Terms, do not access the Digital Venue, or otherwise use any of the Services.

The Digital Venue is open to registered and authorized users of the Services who are aged 18 or older, affiliated with the consumer technology industry.

Accessing and Using the Platform and Services

Accounts and Passwords

To access or use our Services, you must have registered for the CES 2023 digital event. You must provide accurate and up-to-date information during registration. You should maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. You are responsible (to us and to others) for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password(s). We reserve the right not to issue an account to any person or entity.

Unless expressly permitted in writing by CTA, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. You may never use another user’s account without their permission. CTA is not liable for any losses caused by any unauthorized use of your account.

CES Mobile App and Desktop Access

CTA is offering access the CES digital venue through the CES Mobile App and desktop browser to help facilitate registrant participation and customize your experience. By accessing the CES digital venue using the CES Mobile app or a desktop browser, you agree to the Terms and our CES privacy policy.  

 When you attend CES and through the end of February 2023, you will be able to download the CES Mobile App or access the CES digital venue through a desktop browser and you will be prompted to complete a CES profile. Your profile will be discoverable and visible in the digital venue to other CES attendees upon agreement with the terms of use. The CES digital venue contains features that allow participants to customize their CES experience by allowing them to build their own agendas, connect with contacts and navigate CES. You will have the option to add, update, or delete your information at any time by logging into your CES account on the digital venue by visiting www.digital.ces.tech or by logging into the CES Mobile App. If you don't want to be listed as an attendee on the CES directory and be discoverable within the Mobile app/CES digital venue by other attendees, members of the media or exhibitors, you may modify your preferences in the CES mobile app or Digital Venue.  

License to Access and Use Rules

The CES 2023 Digital Venue and associated Services are owned and operated by CTA. Unless otherwise indicated, all content, information, and other materials within the Digital Venue (excluding User Content), including, without limitation, CTA’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of CTA, affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by CTA, by agreeing to these Terms you are granted a non-exclusive, limited, revocable, non-transferrable, non-sublicensable license (i.e., a personal and limited right) to access and use the Digital Venue and Services for your personal use or internal business use only and solely in compliance with these Terms. CTA reserves all rights not expressly granted herein in the Services, Materials and the CTA Content (as defined below). You acknowledge and agree that CTA may terminate this license at any time for any reason or no reason.

This license is subject to these Terms and does not permit you to use the Digital Venue or Services: (1) if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services; (2) in any way that breaches any applicable law or regulation, is unlawful or fraudulent, or has an unlawful or fraudulent purpose or effect; (3) for the purpose of intimidating, harming or attempting to harm any individual in any way; (4) to send, receive, upload, download, use or re-use any material which does not comply with these Terms or any applicable Services terms; (5) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); (6) interfere with or attempt to interfere with the proper working of the Services, disrupt the Platform, our website, any equipment, software or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; (7) to knowingly transmit any data, send, distribute, upload, store or otherwise make available any material that contains viruses, Trojan horses, worms, time-bombs, logic bombs,

keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (8) use or attempt to use another’s account, service or system without authorization from CTA, or create a false identity on the Services; (9) to reproduce, manipulate, forge, impersonate or represent that you own or are affiliated with the Digital Venue or Services; (10) distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof; (11) to market, rent or lease the Services for a fee, or use the Services to advertise or perform any commercial solicitation outside of what is permitted as an official CES exhibitor or sponsor; (12) make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; (13) to data mine, use robots, or similar data gathering or extraction methods; (14) download (except page caching) of any portion of the Platform, the Materials, or any information contained in them, except as expressly permitted in the Terms; (15) use any of the Services or the Materials except for their intended purposes; or (16) to create liability for us in any way.

Any use of the Services or the Materials except as specifically authorized in these Terms, without the prior written permission of CTA, is strictly prohibited.

We reserve the right to amend the information or withdraw the Services we provide without notice. We will not be liable if for any reason our Services are unavailable at any time for any period.

Access to the Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for making all arrangements necessary for you to have access to the Digital Venue and associated Services, including any Internet connection or mobile fees and charges that you incur when accessing the Digital Venue or Services.

The Digital Venue and Services may display some content that is not CTA’s and may contain links to third-party websites or services that are not controlled by CTA. Any third-party content, links or services are the sole responsibility of the entity that makes it available. CTA does not make any warranties or representations for third-party material and accepts no responsibility for any loss or damage that may arise from using third-party content, links or services. If you decide to access any third-party material, you do this entirely at your own risk. Although we may review content and we may remove or refuse to display content that we reasonably believe violates our policies or the law, we do not certify that all content has been reviewed.

In addition, your correspondence or business dealings with, or participation in promotions of, exhibitors and sponsors found on or through the Digital Venue are solely between you and such entity. You acknowledge that where you use services provided by any third party, you will be subject to that applicable third party’s terms and conditions and privacy policy and you should ensure that you have read such terms.

When you access our Services through your mobile device, you acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply. You accept responsibility for charges from your Mobile Provider for data services while using certain features of our Services or any such third-party charges that may arise. If you are not the bill payer for the device being used to access our Services, you will be assumed to have received permission from the bill payer for using our Services.


 

Termination or Suspension of Services

CTA may terminate or suspend access to the Digital Venue and Services immediately, without prior notice or liability, for any reason, including but not limited to: (a) if you do not comply with these Terms; (b) if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Digital Venue or Services or violate any applicable laws or regulations; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. We reserve all available legal rights and remedies to prevent unauthorized use of the Digital Venue and Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. If appropriate, we may report any breach of these Terms to relevant law enforcement authorities.

To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with; (1) the Digital Venue or Services, (2) any portion of these Terms, (3) any policy or practice of CTA in operating the Services, or (4) any content or information transmitted through the Services, is to discontinue use of any and all parts of the Digital Venue and Services.

All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Privacy and Cookies

The CES Events Privacy Policy describes how we treat your personal data and protect your privacy when you use our Services in the context of CES Events. The CTA Events Cookie Policy explains how we use cookies relating to Digital Venue. As explained in our Privacy Policy, CTA is headquartered in the United States and any personal data that you share with us in relation to the Services will be processed and stored in the United States. By using the Digital Venue and Services, you agree to the transfer of your personal data to the United States and CTA’s use of your personal data in accordance with our CES Events Privacy and Cookie Policies. In connection with your use of the Services, we may send you transactional or marketing communications. If you wish to opt-out of the marketing communications, please refer to our CES Events Privacy Policy for further details.

Content

CTA Content

As between you and CTA, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “CTA Content”), are either owned or licensed by CTA, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the CTA Content or Materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you have no right to receive any income or other consideration from any User Content (as defined below) or your use of any content made available to you on or through the Services, including in any User Content created by you.

You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.

We make no representations, warranties or guarantees, whether express or implied, that any CTA Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).

User Content

Users of the Services or the Digital Venue may be permitted at times and in certain areas to upload, post, transmit or otherwise make available content through the Services (“User Content”). The information and materials in the User Content, have not been verified or approved by us. The views expressed by other users on the Services do not necessarily represent our views or values.

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta content or any confidential information of third parties. 

CTA uses reasonable security measures to attempt to protect User Content against unauthorized copying and distribution. However, CTA does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that CTA shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against CTA for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY CTA HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

To the extent permitted by applicable law, CTA takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is CTA liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Digital Venue and Services. CTA is not liable for any statements or representations included in User Content. CTA does not endorse any User Content, opinion, recommendation, or advice expressed therein, and CTA expressly disclaims all liability in connection with User Content. To the fullest extent permitted by applicable law, CTA reserves the right to remove, screen, or edit any User Content posted or stored at the Digital Venue at any time and without notice, including where such User Content violates these Terms, the CES 2023 Code of Conduct, the Community Guidelines, or applicable law. 

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, Digital Community Guidelines, or our Code of Conduct, or otherwise harmful to the Services or our users. 
 

Intellectual Property Rights – CTA Ownership

The CES name and logo, all CTA trademarks, all content, text, images, data, information and other material displayed, available or present on our Services, including any intellectual property rights in same (including without limitation trademarks and copyrights) (collectively,"CTA’s IP"), are the property of CTA, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You may not use CTA’s IP in whole or in part in connection with any product or service that is not CTA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CTA, without our prior written permission except as provided in these Terms. Any use of CTA’s IP must be in accordance with the CES Trademark Guidelines.

All other trademarks referenced on the Digital Venue or Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

Using the Digital Venue or Services does not give you any ownership or legal rights to any of CTA’s IP or Content you access. Unless explicitly stated in these Terms, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. You may not use Content unless you obtain permission or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. 

Intellectual Property Rights – User Content

Intellectual Property (IP) is a complex area of the law which refers to creations of the mind for which exclusive rights are recognized in law. As IP deals with intangible assets, they can often come under debate at trade shows, where several copyright, trademarks, patents, and industrial design rights are being unveiled for the first time. CTA respects the intellectual property rights of others, and we expect you to do the same. You must not display post, share, or send any content that violates or infringes someone else’s IP rights. The use of another’s IP without proper authorization or a legally valid reason may lead to a violation of CTA’s policies and these Terms. 

You are responsible for the content you post. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.

You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an irrevocable, non-exclusive, royalty-free, fully transferable, worldwide license to use, modify, adapt, reproduce, publish and/or transmit, and/or distribute and to authorize other users of the Services to view, access, use, download, publish and/or transmit your User Content on any platform for promotional purposes related to CES. You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content. These licenses will terminate 60 days after the end of CES in Las Vegas, Nevada. 

By posting User Content, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.

If you have questions about IP law, you may want to contact an attorney. 

If you believe that your IP is being infringed upon, you must communicate in writing with the individual/entity responsible to inform them that:

  • You, as the IP Owner, have reason to believe that the exhibitor will/is displaying or using infringing products and/or IP on the Platform or within any Services;
  • You are requesting the exhibitor to remove the infringing products and/or IP from virtual display;
  • If the exhibitor refuses to remove the infringing products or IP, you may seek a court order.
 

Contacting the user directly may resolve your complaint more quickly and directly in a way that is more beneficial to you, the user, and our community. You may report alleged IP infringement to CTA Legal. If you are unsure whether the material you plan to report to us is infringing, you should first seek legal advice before reporting such content to us. If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Failure to share necessary information may limit our ability to investigate your claims and may result in your complaint being denied. 


Please note that CTA is not in a position to adjudicate disputes between third parties and may not be able to remove the content or suspend the account you reported. However, CTA reserves the right to remove or suspend any content or account that infringes another’s IP. If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party IP. The decision to repost any content is at CTA’s sole discretion. 

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the DMCA or similar laws as may be applicable in other countries.

For copyright inquiries under the Digital Millennium Copyright Act, please contact CTA's Copyright Agent at: Attn: Legal Department, Consumer Technology Association, 1919 S. Eads Street, Arlington, VA 22202 or copyright@cta.tech.
 

Warranty Disclaimers

THIS DIGITAL VENUE, THESE SERVICES, THEIR CONTENT, AND THEIR LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. CTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THESE SERVICES (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, RELIABILITY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS OR ERROR.

WHILE CTA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE CTA SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR CONFIGURING YOUR INFORMATION TECHNOLOGY AND COMPUTER PROGRAMS TO ACCESS THE SERVICES. YOU SHOULD USE YOUR OWN VIRUS PROTECTION SOFTWARE. 

WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. 

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability and Remedies

CTA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CTA (INCLUDING WITHOUT LIMITATION YOUR USE OF THE PLATFORM AND SERVICES) IS TO DISCONTINUE YOUR USE OF THE DIGITAL VENUE AND SERVICES. CTA AND ITS VENDORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THESE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH CTA FOR CES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST OPPORTUNITY, LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CTA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CTA AND ITS VENDORS' LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. CTA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THESE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF CTA WILL BE LIMITED TO, IN THE SOLE DISCRETION OF CTA, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF THE REGISTRATION AMOUNT YOU PAID US TO USE THESE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE DIGITAL VENUE OR SERVICES, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Indemnification

You agree to defend, indemnify and hold harmless CTA, its affiliates, and each of our respective officers, directors, employees, agents, contractors, third-party suppliers, licensors, partners and advisors (“CTA Parties”) from any and all demands, claims, suits, actions, damages, liabilities, expenses or harms, including attorney’s fees, arising from or related to the use of the Digital Venue and Services or violation of these Terms, online conduct, obligations, representation, warranties, dealings or transactions under these Terms.

You agree to promptly notify the CTA Parties of any third-party claim, and CTA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CTA, and you agree to cooperate with CTA’s defense of these claims. CTA will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Modifications of Terms or Services

We may modify these Terms at any time and for any reason including to reflect changes to the law or changes to our Services. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms such as posting notice of modifications on this page, however, you should look at the terms regularly. Changes will not apply retroactively. 

Your continued access or use of the Digital Venue and Services after the date of the modified Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you should discontinue your use of the Digital Venue and Services.

We may update our Services regularly and may change the substance at any time. If the need arises, we may suspend access to our Services, or close them indefinitely. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.

About These Terms

If there is a conflict between these Terms and any additional contractual terms, such additional contractual terms will control for that conflict.

These Terms control the relationship between CTA and you. They do not create any third-party beneficiary rights.

If you do not comply with these Terms, and we do not act right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The law of the United States of America and the Commonwealth of Virginia, USA, without regard to its conflict of laws principles, will govern all matters between you and CTA with respect to your use of the Digital Venue and Services and will apply to any disputes arising out of or relating to these Terms or the Services.  Each party consents to the exclusive jurisdiction and venue of the federal, state and local courts in Arlington, VA in connection with the any action arising out of, or in connection with, these Terms or the Services.  

YOU AND CTA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OF THE DIGITAL VENUE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

For information about how to contact CTA, please visit our contact page.

EXHIBITOR DIGITAL ACTIVATION ADDITIONAL TERMS

Exhibitor understands and agrees to pay any costs associated with its Digital Activation. Digital Exhibitors must participate in onsite CES to be eligible for a Digital Activation unless otherwise stipulated by CTA. CTA reserves the right to change, alter or modify the Digital Activation format. It is understood that the Digital Activation credentials will be provided to the company name listed above upon availability, full payment of onsite exhibit space, and final CTA authorization.

Exhibitor Content Availability –
Exhibitor acknowledges and agrees that any content provided by Exhibitor at CES 2023 under its Digital Activation will continue to be made available at the CES Digital Venue (as defined below) through January 31, 2023.

1.    TERMS OF PAYMENT: Exhibitor understands and agrees that this complimentary Digital Activation is contingent upon an onsite CES in Las Vegas, NV on January 5-8, 2023. Exhibitor is responsible for paying 100% of its exhibit space cost under its CES 2023 Exhibit Space Contract or the CES 2023 Digital Activation Contract (as applicable) prior to obtaining a Digital Activation, unless otherwise determined by CTA.  

2.    ATTENDANCE: CES is a trade-only event, and attendees are required to provide industry credentials for access to the Digital Venue. CTA makes no representations or warranties with respect to the demographic nature and/or volume of exhibitors, press and/or attendees for CES 2023 or any CES Digital Activation. The Digital Venue will be accessible to attendees from all over the world.  Exhibitors should keep varying bandwidth speeds and cultural sensitivities in mind when preparing their materials. 

3.    ELIGIBILITY: CTA will provide certain requirements to Exhibitors that must be met in order to participate in CES 2023 and gain access to the Digital Venue and any other online meeting platforms, such as having minimum internet speeds and certain camera and audio requirements. Exhibitors must also display content, products or services that align with the product categories offered during CES 2023. CTA reserves the right to determine or verify Exhibitor’s eligibility for inclusion in the Digital Venue prior to, or after, submission of this Addendum. CTA also reserves the right to prohibit display or advertisement of content at any time if the display or advertisement of such content would cause Exhibitor to be in violation of its Contract, these Digital Venue Terms of Use, or the Digital Community Guidelines.

4.    CANCELLATION BY EXHIBITOR: Cancellation notices or desires to terminate a Digital Activation after signing this Addendum must be submitted to CTA in writing by December 31, 2022. All cancellations must be submitted to: CTA Sales Department, 1919 South Eads Street, Arlington, VA 22202, USA, return receipt requested, or emailed to exhibit@cta.tech and will become effective when received and acknowledged in writing by CTA. Cancellation by Exhibitor of its Contract for CES exhibit space will void this Addendum. If Exhibitor cancels its participation, CTA may, at its discretion, cancel all other contracts between Exhibitor and CTA. 

Even though CTA will exercise its best efforts to mitigate the damages associated with Exhibitor cancellation, the parties agree that CTA will nevertheless incur substantial losses that cannot be precisely determined if Exhibitor does not cancel this Addendum in a timely manner. Due to the difficulty of determining said losses, the Exhibitor is liable for and agrees to pay liquidated damages equal to 100% of its total cost of its Digital Activation if Exhibitor cancels all or part of its contracted Digital Activation after December 31, 2022.

All payments made or due to CTA will be fully earned and non-refundable in consideration for expenses incurred by CTA and its lost or deferred opportunity to provide a Digital Activation to others. All cancellation payments that may become due are acknowledged by Exhibitor as liquidated damages and are not applicable toward any future CTA-sponsored shows or events. This balance must be paid in full before Exhibitor can participate in any other CES or CTA-sponsored show or event.

5.    CANCELLATION BY CTA: Exhibitor’s Digital Activation may be canceled by CTA for failure by Exhibitor to (a) pay 100% of its exhibit space cost, (b) comply with CES Regulations (as defined in Section 19), or (c) upload or provide Exhibitor materials or content for the Digital Venue by January 2, 2023. If Exhibitor’s Digital Activation is canceled by CTA, Exhibitor will be notified via email and/or other written communication. 

For CES 2023, the Digital Venue supplements CES in Las Vegas, NV. If CES 2023 is cancelled by CTA for any reason, this Addendum will be void and CTA will reimburse Exhibitor in accordance with Section 13 of the Contract. Exhibitors intending to continue participation in the Digital Venue after such cancellation must sign a CES 2023 Digital Activation Contract and will be subject to the payment terms reflected therein.

6.    DIGITAL ACTIVATION AMENDMENTS: Any changes to Exhibitor’s Digital Activation package will be indicated to Exhibitor on a contract amendment form. CTA further reserves the right to cancel an Exhibitor’s Digital Activation for the overall benefit of CES or for any other reason deemed necessary by CTA. Exhibitor will be notified in writing of such change or cancellation. All of these Terms and the CES 2023 Exhibit Space Contract, including cancellation policy, remain in effect upon such Digital Activation alteration by CTA. 

7.    DIRECTORY LISTING/SEPARATE EXHIBITOR REGISTRATION: Only the name of the Exhibitor, which appears upon the face of this Addendum, may be placed on the Digital Activation, in the CES exhibitor directory, and on exhibitor personnel digital listings. CTA maintains the exclusive right to publish and distribute the list of exhibitors. However, a licensed publisher may include the list of exhibitors as part of an ongoing publication. As a service to exhibitors, CTA will identify in the Official Directory each exhibitor who completes the director listing information by the established deadline; however, CTA will incur no liability for any errors, omissions or format changes in any directory. Exhibitor agrees to list in the Official Directory only brands of its own manufacture, or brands which are manufactured exclusively for Exhibitor, and which bear Exhibitor’s name or trademark.   Please note that in order to use the meeting function of the Digital Venue, exhibiting personnel must “opt-in” to the attendee directory so that attendees can find and connect with them. 

8.      LICENSE RELATIONSHIP: Exhibitor will not assign, share or license any part of its Digital Activation with another exhibitor/attendee without the express written consent of CTA.

9.     EXHIBITOR INTELLECTUAL PROPERTY: Exhibitor is prohibited from including third-party products, goods, commercials, or services that are  manufactured, traded or rendered by Exhibitor without proper licenses. Exhibitor warrants that it owns the rights to, or has the license to, all intellectual property (patent, copyright, trademark, etc.) to be used by Exhibitor for promotion or exhibition at CES, including at any Digital Venue(s) or with respect to Exhibitor’s Digital Activation, and agrees to defend, at Exhibitor’s expense, and to hold harmless and indemnify CTA and/or CES for any claims or action brought against CTA and/or CES, or their respective officers, employees, partners or agents, and any damages, losses or costs incurred by CTA and/or CES, or their respective officers, employees, partners or agents, including court costs and reasonable attorney’s fees, arising from or related to any dispute concerning Exhibitor’s intellectual property rights. Exhibitor further grants to CTA a perpetual, non-exclusive, non-transferable, royalty-free, fully paid-up license to use all intellectual property (patent, copyright, trademark, etc.) used by Exhibitor for promotion or exhibition at CES and the CES Digital Venue, including the intellectual property for the Digital Activation.  

10.     PERFORMANCE OF MUSIC OR MOTION PICTURE: Exhibitor is responsible for obtaining the appropriate license for any copyrighted music or motion picture material used within its CES 2023 content, including the Digital Activation and Digital Venue, and Exhibitor will comply with all intellectual property rights and copyright restrictions applicable to Exhibitor, including but not limited to, any music performance agreement between CTA and ASCAP or BMI for meetings, conventions, trade shows, and expositions. If Exhibitor plans to play copyrighted music or video in its Digital Activation or during any conference programming, Exhibitor may need to obtain a license from the copyright owner or licensing agency representing the copyright owner.

Licensing is required when music or video is being played for non-dramatic entertainment/background purposes (live or audio recordings). CES has licenses with the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc. (BMI), which permit the performance of music from the ASCAP and BMI repertories within CES. For Digital CES 2023 only, these licenses cover livestreamed (not pre-recorded) content within the Digital Venue. To fall under CES’ licenses, such digital content must be made available only to verified CES attendees and should not be repurposed for additional revenue (e.g., advertising). For onsite CES, CTA’s licenses do not permit the broadcast, telecast or transmission of music being played at a live on-site event under any circumstances; nor do they authorize dramatic performances. CES does not have similar licenses with SESAC; therefore, exhibitors wishing to play music from the SESAC repertory for entertainment purposes are solely responsible for obtaining their own licensing. 

Adherence to these federally-mandated copyright licensing laws is of critical importance. Exhibitor will obtain the proper licenses or ensure that Exhibitor’s music or video falls under the covered licenses.

11.      CES PUBLICITY AND PROMOTION: CTA will have the non-exclusive right to use Exhibitor’s name, logo, and portions of Exhibitor’s Digital Activation content in print, online and broadcast advertising media in connection with the promotion and publicity of CES. Exhibitor hereby grants CTA, its employees, agents, contractors (including the Digital Venue provider(s) or host), licensees, and assignees the perpetual, irrevocable right to make photographs and audio/video recordings and reproduce, distribute, sell, transmit, stream, display, and publicly perform recordings, transcriptions and derivative works in any medium containing the image of CES activities, participants, and exhibitors (including Exhibitor’s Digital Activation) within the scope of the associated Contract at the sole discretion of CTA and for an unlimited period. This Addendum prohibits Exhibitor’s recording, broadcasting and videotaping of onsite or Digital CES 2023. Exhibitor can obtain written permission from CTA for recording.

12.      OPERATION OF DIGITAL ACTIVATIONS/EXHIBITOR ATTIRE: Digital Activations should be designed and operated in a manner that respects the rights of other exhibitors and attendees, in accordance with the Digital Venue Terms of Use. With the exception of business engagement within the Digital Venue, Exhibitor will not interfere with other Exhibitors’ Digital Activations or present content outside of their own Digital Activation. Exhibitor is responsible for licensing and the payment of fees, royalties or fines for use of work that is protected by copyright, patent or trademark.  It is recommended that Exhibitor should have one or more exhibitor contacts available for attendee interactions during scheduled show hours. Digital Activation attendees and personnel must be 18 years of age or older. Exhibitors intending to showcase or demonstrate firearms, ammunition or weapons of any kind, including replica, toy or simulated items that are gaming/AR/VR-related must contact CES Operations in advance for approval.

To facilitate a welcoming environment for all participants, personnel, presenters and entertainers must be dressed in clothing considered appropriate and respectful for a professional environment. CTA reserves the right to make determinations on appropriate exhibitor/presenter attire. If for any reason a Digital Activation and/or its contents is deemed objectionable by CTA, Exhibitor will be issued a warning and asked to alter the attire of its representatives or Digital Activation staff and/or models. If necessary, CTA may issue a second warning and may remove the content in question. Failure to comply will result in a loss of three (3) priority points. Exhibitors with questions about compliance with these guidelines should consult CTA in advance of the show.

The following activities require prior consent by CTA: Promotions (as defined below), promotion of other industry expositions, and taking of photographs or recordings. If approved by CTA, Exhibitor may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) at CES (a “Promotion”). If Exhibitor chooses to promote, administer, or conduct a Promotion, Exhibitor agrees and must adhere to the following rules: (1) Exhibitor may carry out Promotions to the extent permitted by applicable law and Exhibitor is solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (2) Exhibitor will be classified as the promoter of its Promotion in the applicable jurisdiction(s) and will be solely responsible for all aspects of and expenses related to such Promotion, including without limitation the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including without limitation filing any and all necessary registrations and bonds; (3) CTA is not responsible for and does not endorse or support any such Promotions. Notwithstanding anything to the contrary, Exhibitor may not indicate that CTA or CES is a sponsor or co-sponsor of the Promotion; and (4) Exhibitor will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Exhibitor’s Name]. The Consumer Technology Association (CTA)® and CES® do not sponsor or endorse this promotion and are not responsible for this promotion.” CTA has the right to prohibit or remove Exhibitor’s Promotion from CES, if CTA reasonably believes that such Promotion is objectionable, does not comply with the Terms and Conditions of this Addendum or violates applicable law. 

In addition, Exhibitor agrees that Exhibitor’s Digital Activation content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosure Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines or other requirements required under any applicable law or regulation. For example, if Exhibitor or any of its employees has been paid or provided with free products in exchange for discussing or promoting a product or service at the Digital Venue, Exhibitor agrees to comply with the FTC’s Guidelines and requirements for disclosing such relationships. Exhibitor, and not CTA, is solely responsible for any endorsements or testimonials Exhibitor makes regarding any product or service at CES using the Digital Venue.

13.     CHARACTER OF DIGITAL ACTIVATIONS: CES is a consumer technology show. Exhibitor agrees that products and services displayed within its Digital Activation will be in harmony with the theme of the event and will consist of products and services that pertain to the consumer technology industry. Products and services eligible to be exhibited include consumer and workplace technology products, services, content and related accessories. Exhibitor agrees to reasonably limit the display of non-electronic products within its Digital Activation. Further, Exhibitor agrees to uphold that 60% of its Digital Activation and content will match the product or service category for which it is designated.  Exhibitor agrees to display only products and services of its own manufacture, products manufactured for, distributed by, certified by, or licensed to Exhibitor. Failure to adhere to this Section 13 may result in the loss of ALL priority points and may affect your selection order at CES in the future. CTA reserves the right to order withdrawal from your Digital Activation, any items which, in its opinion, do not comply with these requirements or law. 

14.      CONTENT: CTA reserves the right to exclude the showing of film, photos, games or other software on the Digital Venue that are deemed objectionable, including explicit or simulated sex, nudity or violence. The promotion of adult out-call and escort services are not permitted during CES. Violation of this policy can, at CTA’s discretion, result in expulsion from CES, including future shows. 

15.      POLICY ON SELLING: Retail sales (i.e., cash, check and/or credit card transactions), Exhibitor sales sites, or links to third-party sellers are not permitted within CES 2023 or the Digital Venue. Violation of this provision will result in expulsion from CES and exclusion from future shows. CTA will not be liable for purchases made against this policy or on Exhibitor webpages outside of CES 2023. THIS POLICY IS STRICTLY ENFORCED. 

16.     CODE OF CONDUCT: Exhibitor’s employees, contractors and agents participating in the Digital Venue must adhere, and Exhibitor is responsible for ensuring such adherence, to CES policies related to conduct and content on the Digital Venue outlined in the CES Code of Conduct found at https://cta.tech/Code-of-Conduct.aspx and the Digital Community Guidelines found at https://www.ces.tech/About-CES/Digital-Community-Guidelines.aspx, as either may be amended from time to time.

17.     REGULATIONS: All current and subsequent CES rules or policies, CES Code of Conduct, Digital Community Guidelines, Digital Venue Terms of Use and any other rules and regulations of a platform provider of a Digital Venue, are incorporated by reference and constitute a binding part of this Addendum (collectively, “Regulations”). If a difference arises with the Exhibitor concerning the allotment or permitted use of the Digital Venue or concerning the interpretation of any of the rules and regulations, the decision and interpretation of CTA and/or the relevant digital platform or venue will be final. Exhibitor agrees to abide by the decision and interpretation which, if requested, will be in writing.

18.      VIOLATIONS OF REGULATIONS: CTA may take enforcement action at its discretion, up to and including closing Exhibitor’s Digital Activation, for violation by Exhibitor of any Regulation or Exhibitor’s breach of the Terms and Conditions of this Addendum. If CTA shuts down Exhibitor’s Digital Activation due to Exhibitor violating Regulations, Exhibitor will not receive a refund or damage compensation from CTA. Repeated violations may result in Exhibitor being banned from participation in CES, including future digital or physical events.

19.    DIGITAL VENUE LIABILITY: CTA shall not be liable for any damages of any kind arising out of or relating to the use of or the inability to use the Digital Activation, Digital Venue, the content, software or links of the Digital Activation or Digital Venue, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses or line failures. CTA shall not have any liability or responsibility for the performance or failure to perform by any Digital Venue provider or host, or for any acts, omissions, or conduct of any user or other third party. CTA HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EXCEPT FOR THOSE EXPRESSLY AGREED TO BY CTA IN WRITING.

LIMITATIONS OF LIABILITY: IN NO EVENT WILL CTA’S LIABILITY EXCEED THE AMOUNT PAID TO CTA BY THE EXHIBITOR FOR ITS DIGITAL ACTIVATION AT CES 2023. UNDER NO CIRCUMSTANCES WILL CTA BE LIABLE TO THE EXHIBITOR FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF CTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT. 
 
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