TERMS AND CONDITIONS
(Updated March 2021)
GSMA LIMITED, WITH A REGISTERED OFFICE AT 165 OTTLEY DRIVE, SUITE 150, ATLANTA, GEORGIA, UNITED STATES, 30324, A WHOLLY OWNED SUBSIDIARY OF THE GSM ASSOCIATIONWELCOMES YOU TO MOBILEWORLDLIVE.COM (“WEBSITE”). GSMA LTD AND ITS AFFILIATES (TOGHETHER “GSMA”) PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY 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, AND YOU ACCEPT THEM BY: (a) REGISTERING FOR AN EVENT OR WEBINAR THROUGH THIS WEBSITE; (b) ORDERING GOODS OR SERVICES; (c) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (d) ACKNOWLEDGING AGREEMENT WITH THESE TERMS BY CLICKING ACCEPT WHEN BECOMING A REGISTERED USER. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT CLICK “I ACCEPT” BUTTON OR USE THIS WEBSITE IN ANY WAY.
Description of Services
The Website is an online portal that will serve as the voice for the mobile industry and will extend the reach of the industry’s elite events, Mobile World Congress, Mobile World Congress Shanghai, Mobile World Congress Americas and Mobile 360 Series of events throughout the year. Building a reputation of and complementing the onsite experience of our flagship events, this Website will deliver dynamic, thought-leading content and networking opportunities to mobile industry executives in an easy-to-consume convenient and interactive Website. The Website may also provide registration to events, webinars and sessions (“Events”) and other services, including but not limited to information regarding promotional, sales, sponsorship, and networking opportunities for those companies doing business in the mobile industry (together the “Services”).
By using this Website, You hereby warrant that You are of legal age and of sound mind. If You are using the Website on behalf of your employer or other third party, You represent and warrant that You are authorised to accept these Terms on your employer’s or third party’s behalf, and that your employer or third party agrees to indemnify You and GSMA for violations of these Terms.
GSMA Ltd., is a United States based organization that must comply with U.S. sanctions law. You represent and warrant that neither You, nor any person or entity for whom You are registering: (i) are currently on the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List (including terrorists and narcotics traffickers) (the “OFAC List”); (ii) are affiliated with any entity or organization on the OFAC List; nor (iii) are 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 or any person, entity or organization with which you are affiliated are added to any such restricted party list prior to the Event, then You must notify GSMA immediately. The OFAC List is located here: http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. GSMA utilizes World-Check to process Your data to validate compliance with U.S. and other international sanctions laws. GSMA may cancel and/or terminate these Terms and Your access to the Event and/or Services without penalty or liability if GSMA reasonably believes it is necessary to do so in order to comply with our obligations under such applicable laws or regulations, including if You are added to any restricted party listings. Cancellation and/or termination under this provision will result in forfeiture of all fees paid by You, in conformance with U.S. sanctions law.
You must register for the Services on the Website and/or for the Events on the relevant Events registration page (a “Registration”). Confirmation (or rejection) of your Registration will be sent to you by email after our receipt of Your Registration request. Rejection will only occur where You have not met registration requirements as detailed on the Event registration page or these Terms.
In addition, You are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, You must provide, and are responsible for, all equipment necessary to access the Website.
Use of this Website does not grant You any rights to use the name of the GSMA, Mobile World Live or any of its other logos or trademarks. The Services and associated material provided on the Website, including all images, designs, photographs, writings, graphs, data, or otherwise are owned by GSMA, our related companies, and/or the Events sponsors, or speakers participating in the Events and are protected by international copyright, trademark, trade secret, or other proprietary rights. You agree not to reproduce, modify, distribute, license, perform, publish, create derivative works from or use (except as authorised and in accordance with these Terms) the Services for any reason.
Nothing in these Terms shall vest in you any legal or beneficial right in or to any intellectual property rights owned or used under licence by GSMA or our related companies, or grant to you any right or licence to any other intellectual property rights of GSMA or our related companies. All such intellectual property rights shall remain the exclusive property of GSMA and our related companies.
You agree that You are responsible for Your own use of the Website and the Content and for any consequences thereof. You agree that You will use the Website in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from Your country of residence and all United States export control laws. You agree that You shall not post or email other’s confidential and/or proprietary information. You also agree not to use the Website to spam or transmit malware and or viruses. GSMA reserves the right at all times to remove or refuse to distribute any Content, including but not limited to Content which violates these Terms.
The Website and the Services will include a combination of content that GSMA creates and content that a registered user, sponsor, guest, interviewees, industry analyst or other third parties create. In addition to the content created by third parties, some Website features will provide other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to GSMA or others on or through the Website (collectively, the “Content“). You understand that the Content is provided by GSMA “AS IS”, that GSMA does not guarantee the accuracy, integrity or quality of any Content and such Content does not necessarily represent the viewpoints or opinions of GSMA or its employees. In this regard, you acknowledge that You may not rely on any of this Content, whether created by or submitted to GSMA, including, Content that is posted on any bulletin board, chat, news group, community, forum, interviews, blogs, press releases or other feedback section of the Website. You may use such Content solely for Your own internal, non-commercial purposes. Unauthorized distribution (via sales, copying, posting on intranet/internet) is expressly forbidden. Excerpting or quoting is permitted with the prior written approval from GSMA.
As such, GSMA cannot be held responsible for said Content, including but not limited to any unfulfilled promises, agreements, contracts, or the truth-value of any communication made between a registered user and a third party. Nor is GSMA responsible for the posting of any illegal or unlawful material, including defamatory or copyrighted material, by a registered user or other third party. You agree to hold GSMA harmless for any third party Content.
NOTE: Some of the Content is available on mobile devices. You should not use such Content in a way that distracts You and prevents You from obeying traffic or safety laws.
Term and Termination
These Terms are effective until terminated by GSMA, at any time without notice. In the event of termination, You are no longer authorised to access or use this Website or any material therein. You agree that GSMA shall not be liable to You or any third party for any termination of your access to the Services.
As a convenience to You, we may provide on this Website links to websites operated by other entities (collectively the “Linked Sites”). If You use any Linked Sites, You will leave this Website. If You decide to visit any Linked Site, You do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by GSMA. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by GSMA. Neither GSMA nor its affiliates operate or control in any respect any information, products, or services on these third-party sites.
Advertisements and Promotions
GSMA runs advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than GSMA found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. GSMA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-GSMA advertisers on the Website.
In general, GSMA collects and uses information about You in connection with the provision of the Services and for account administration. If you complete any Registration, GSMA will collect certain information about You and use it to provide You with information and services associated with the Services or the Events (as applicable). The data we process may include: name, company, job title, email, industry, country, region, area of interest.
Your data is used for the administration and management of the Website and Services (which may occur through the use of external providers), including the following: validation of Your being entitled to access the Services, communication with You regarding the Services; and Sharing Your data with selected Partners.
All third parties, including those listed below, are required to respect the security of Your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use Your personal data for their own purposes and only permit them to process Your personal data for specified purposes and in accordance with our instructions. Our suppliers will receive selected information to assist with the delivery of the Services and shall only retain this information for the Services duration. Those suppliers include: FOLEON Ltd – Website platform and WORKCAST Inc – Registration system.
You may contact us at any time with Your views about our privacy practices, or with any enquiry relating to Your personal information, or to exercise Your data subject rights by writing to [email protected]
When you register for Services and/or Events that are sponsored or hosted by a third party (such as partners, sponsors or co-organisers) (collectively “Partners”), GSMA may subsequently share your registration details with the Partners who may contact you in connection with such selected Services and/or Events. We may also share your registration details with such Partners for direct marketing purposes (with your consent). Any communications (i.e. for direct marketing) You may have with the Partners are subject to that Partner’s privacy practices, including their privacy statement or policy. Some Partners are located outside of the European Economic Area (EEA), UK or Switzerland. When we transfer personal data from the EEA, UK and Switzerland to other countries we use a variety of legal mechanisms to ensure your rights and protections travel with your data. If You wish to exercise any data protection rights with regards to how the Partners processes or uses Your personal data, You must do so directly with such Partners. A list of Partners will be posted on the Registration page of the selected Services and/or Events.
No Warranty/Limitation of Liability
THE SERVICES AND ANY GOODS ORDER THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS”. GSMA GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GSMA EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OF THE WEBSITE AND ANY SERVICES ORDERED THROUGH SITE REMAINS WITH YOU. NOTHING IN THIS AGREEMENT 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; (II) ANY FRAUDULENT MISREPRESENTATION ON THE PART OF GSMA; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW. FINALLY, NEITHER GSMC, ITS PARENT, ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, OR THE LIKE, WARRANT THAT THIS WEBSITE, THE SERVICES OR THE GOODS THAT YOU ORDER FROM THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO ITS ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR CURRENCY OF THE MATERIALS CONTAINED THEREIN.
Notwithstanding the above, 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 we may have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation. You agree that any action must be commenced within one (1) year after the claim or cause of action arises.
You agree to indemnify, defend, and hold GSMA, its parent, affiliates, agents, contractors, agents, officers, directors, employees, licensors, and third party service providers harmless from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your attendance or participation or access to the Website, Services and/or the Events, breach of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right.
The Terms constitutes the entire agreement between GSMA and You with respect to this Website, Services and/or the Events and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and GSMA with respect to the Website, Services and/or the Events. However, there may be legal notices on other areas of this Website which relate to the ordering of goods, all of which will, together with these Terms govern your ordering of Services. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the 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 the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the 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 the Terms
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement You transmit through this Website, 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.
It is possible that the Website, and/or some of the Services may not be available at any given time for any reason. We will take reasonable efforts to provide you with notice of interruption to the Services or Events where known. However, where the Website, Events or Services are unavailable for any reason beyond the reasonable control of GSMA, we shall have no liability to You. We are not liable if the Services are, in whole or in part, cancelled, rescheduled or postponed, or for any failure or delay to perform our obligations under these Terms, if such event results from anything beyond our reasonable control, including but not limited to(a) power or server outages or issues (b) update or maintenance periods (c) as a result of a war, acts of God, flood, drought, earthquake or other natural disaster; (d) disease, epidemic or pandemic; (e) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (f) nuclear, chemical or biological contamination or sonic boom; (g) any law or any action taken by a government or public authority; (h) collapse of buildings, fire, explosion or accident; (i) any labour or trade dispute, strikes, industrial action or lockouts; (j) non-performance by suppliers or subcontractors; and (k) interruption or failure of utility service , (l) electronic or communications failure (m) or anything else that renders performance of the Event, in whole or in part, impracticable, illegal or impossible.
The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
We reserve the right at any time to make changes or corrections and to alter, suspend or discontinue any aspect of any of the Services to which You have registered for. If we exercise our right to withdraw, we may at our option offer You broadly equivalent replacement Services or refund your payment which shall constitute a final settlement discharging any and all liability 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 the Terms or other matters, by displaying such notices or by providing links to such notices.
GSMA reserves the right, in its sole discretion, to limit or deny access to the Website and/or Services to any entity or individual.
These Terms may be translated into one or more languages other than English. In the event of any deviation or conflict between the English version and any version translated into another language, the English version shall prevail and be binding on You.
The construction, validity and performance of the Terms are exclusively governed by the laws of the state of Georgia, USA, without giving effect to any principles or conflicts of law and the parties submit to the exclusive jurisdiction of the courts of Georgia. If any provision of the Terms are held by a court of competent jurisdiction to be invalid or unenforceable such holding shall not affect any other provision hereof, and the Terms shall be construed as if the invalidated or unenforceable provision had not been contained.