AWS Event Terms and Conditions

Last Updated: November 29, 2018

These terms and conditions (the “Terms”) govern your registration for and participation at any AWS event (the “Event”) and are an agreement between Amazon Web Services, Inc. (or such other applicable AWS contracting entity noted in Section 13) ("AWS," "we," "us," or "our") and you. You represent to us that you are authorized to enter into these Terms. Please see Section 12 for definitions of certain capitalized terms used in these Terms.

1. Event.

You may only register for and attend the Event in accordance with these Terms. To register for the Event, you must complete the Event registration process and pay any registration fee. Unless the Event’s registration webpage specifies otherwise or we expressly inform you otherwise, you must be at least 18 years of age on the first day of the Event. Event registration is subject to availability and may close earlier than the posted deadline, as determined in our sole discretion. We may also change the Event program at any time in our sole discretion.

2. Safety and Security.

Your safety and security is important to us. You understand that you and your property may be subject to a reasonable search upon entry to the Event. If you refuse to participate in these security measures, we may deny you entry. We also reserve the right to ask you to leave the Event if your behavior causes us concern for the safety or security of Event attendees. If we deny you entry or require you to leave, you will not receive a refund.

3. Your Information.

3.1 Generally. We handle your information in accordance with the AWS Privacy Notice.

3.2 Sharing with Event Sponsors. We may provide your contact information to Event Sponsors if (a) you elect to attend any sessions or other activities at the Event involving Event Sponsors (in which case we would provide your contact information only to the Event Sponsor involved in such session or other activity,) or (b) you opt in during registration or otherwise to receive communications from our Event Sponsors.

3.3 Voice and Image. By participating in the Event experiences, you agree that we may derive information from recordings of your voice and images of your face and retain and use all resulting information, in each case in accordance with the AWS Privacy Notice.

4. License to Use Materials.

You grant us, our affiliates, and our independent contractors the right to record, film, photograph, and capture your voice and image in any media at the Event (the “Items”). By attending the Event, you grant to AWS and its affiliates, agents, employees, and assigns an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, and distribute, for any purpose relating to our business, all or any part of the Items and other materials submitted (including, for example, your name and biographical information) or presented by you (in electronic copy, hard copy, or otherwise) (collectively, the “Materials”). We may edit the Materials, use them alone or together with other information, and allow others to use and disseminate them. To the maximum extent permitted by law, you waive any moral rights you may have in the Materials.

5. Taxes.

Each party will be responsible for paying all applicable taxes and other governmental fees, charges, penalties, interest, and additions to such taxes that are imposed on that party upon or with respect to the transactions and payments under these Terms. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT, excise taxes, sales and transaction taxes, and gross receipts taxes (“Indirect Taxes”). AWS may collect Indirect Taxes from you, unless you furnish AWS with a properly completed exemption certificate or a direct payment permit certificate for which AWS may claim an available exemption from Indirect Tax.

6. Cancellation.

6.1 By You. If registration fees or other fees are required for the Event, cancellation instructions and the Event’s refund policy will be listed on the Event’s registration webpage.

6.2 By Us. We may cancel the Event at any time for reasons including, for example, availability or suitability of venue or speakers or on security, health, or safety grounds, and we may deny, limit, or cancel your Event registration at any time. We are not responsible for any damages, direct or indirect, resulting from such cancellation. If we cancel the Event or your registration and you are in compliance with these Terms, we will issue you a refund of your Event registration fee in accordance with the refund policy on the Event’s registration webpage.

6.3 Effect of Cancellation. If you or AWS cancel your registration for the Event or AWS cancels the Event, Section 3, Section 4, Section 5, Section 6.3, Section 7.2, Section 8, Section 9, Section 10, Section 11, Section 12, and Section 13 will main in full force and effect.

7. Trade Compliance and Ethics.

7.1 You represent and warrant that you and your financial institution(s) used to fund any fees required for the Event are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

7.2 You certify that you have confirmed with an appropriate ethics official that there are no federal, state, local, or institutional ethics or procurement laws, regulations, or rules that restrict or prohibit your attendance at the Event or would otherwise create a conflict of interest for AWS.

8. Assumption of Risk.

You acknowledge and agree that your attendance and participation in the Event is voluntary, and you understand the nature of the Event. To the maximum extent permitted by law, you agree that you solely assume the risks associated with attending and participating in the Event.

9. Release of Claims.

To the maximum extent permitted by law, you (for yourself, your heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby release AWS and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future associated in any way with the Event or the Items.

10. Limitations of Liability.

WE AND OUR AFFILIATIES AND LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (B) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED USD $100. THE LIMITATIONS IN THIS SECTION 10 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. Miscellaneous.

11.1 Waiver. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

11.2 Severability. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.

11.3 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

11.4 Assignment; No Third Party Beneficiaries. You will not assign or otherwise transfer these Terms or any of your rights and obligations under these Terms, without our prior written consent. Any assignment or transfer in violation of this section will be void. We may assign these Terms without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for AWS as a party to these Terms, and AWS is fully released from all of its obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

11.5 Governing Law. Subject to Section 13, the laws of the State of Washington, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply to these Terms.

11.6 Dispute. SUBJECT TO SECTION 13, ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY TO THE MAXIMUM EXTENT PERMITTED BY LAW ASSERT CLAIMS IN SMALL CLAIMS COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS AS A COURT WOULD. TO BEGIN AN ARBITRATION PROCEEDING, YOU MUST SEND A LETTER REQUESTING ARBITRATION AND DESCRIBING YOUR CLAIM TO OUR REGISTERED AGENT CORPORATION SERVICE COMPANY, 300 DESCHUTES WAY SW, SUITE 304, TUMWATER, WA 98501. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, WHICH ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. WE WILL REIMBURSE THOSE FEES FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. WE WILL NOT SEEK ATTORNEYS' FEES AND COSTS IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, OR AT A MUTUALLY AGREED LOCATION. WE AND YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE AND YOU WAIVE ANY RIGHT TO A JURY TRIAL. WE EACH AGREE THAT EACH PARTY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

11.7 Modifications to these Terms. We may modify these Terms at any time by posting a revised version on the AWS Site. The modified terms will become effective upon posting. By attending the Event after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the AWS Site regularly for modifications to these Terms. We last modified these Terms on the date listed at the beginning of these Terms.

11.8 Entire Agreement; English Language. These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement). If we provide a translation of the English version of these Terms, the English version of these Terms will control if there is any conflict.

12. Definitions.

AWS Privacy Notice” means the privacy notice located at http://aws.amazon.com/privacy (and any successor or related site designated by us), as may be updated from time to time.

AWS Site” means http://aws.amazon.com (and any successor or related site designated by us), as may be updated from time to time.

Event Sponsor” means a third-party sponsor of the Event.

13. Special Provisions for Certain Jurisdictions.

Notwithstanding anything to the contrary contained in these Terms:

13.1 Argentina. For any Event held in Argentina:

(a) The AWS contracting entity is Amazon Web Services Argentina S.R.L.

(b) You acknowledge that these Terms have been freely negotiated and that you have had access to legal counsel.

13.2 Australia. For any Event held in Australia, the AWS contracting entity is Amazon Web Services Australia Pty Ltd.

13.3 Brazil. For any Event held in Brazil:

(a) The AWS contracting entity is Amazon AWS Servicos Brasil Ltda.

(b) The following replaces Section 5: All fees and charges payable by you are exclusive of applicable
taxes, levies and duties, including VAT, GST, use tax, transaction taxes, sales tax, etc. You will provide such information to us as reasonably required to determine whether we are obligated to collect such taxes from you, including your tax identification number. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally-sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under these Terms occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation, accordingly to the applicable legislation, showing that the withheld and deducted amounts have been paid to the relevant taxing authority by email to aws-informe-de-redimentos@amazon.com, and a hard copy to International Tax at A. Presidente Juscelino Kubitscheck Avenue, 2.041, Torre E, 18th and 19th floors, Vila Nova Conceicao, 04543-011, Sao Paulo, Brazil.

13.4 Canada. For any Event held in Canada, the AWS contracting entity is Amazon Web Services Canada, Inc.

13.5 Chile. For any Event held in Chile, the AWS contracting entity is Servicios Amazon Web Services Chile Limitada.

13.6 China. For any Event held in China (for purpose of these Terms, the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and Taiwan are excluded):

(a) The AWS contracting entity is Amazon Connect Technology Services (Beijing) Co., Ltd.

(b) The following language is added at the end of Section 5: If requested by you, AWS will issue you tax invoices (“Fapiaos”) according to the respective fees and charges received in full by AWS. The type of Fapiao (i.e., general VAT invoice or special VAT invoice) will be determined based on your tax status and the supporting documents and information that you are required to provide for validation.

(c) The laws of the People’s Republic of China, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to these Terms will be submitted to the China International Economic and Trade Arbitration Commission (the “Commission”) for arbitration in Beijing. The arbitration will be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. There will be three arbitrators.

13.7 Colombia. For any Event held in Colombia:

(a) The AWS contracting entity is Amazon Web Services Colombia S.A.S.

(b) Any dispute, controversy or difference arising out of these Terms will be settled through the decision of an arbitration tribunal with the Center for Mediation and Arbitration of the Chamber of Commerce of Bogotá that will be subject to the following rules: (i) the tribunal will be composed of three arbitrators chosen by direct agreement between you and us. If the parties are not able to agree on three arbitrators, the parties will inform the Chamber of Commerce of the arbitrators they were able to agree on, and the remaining arbitrators will be selected by draw from the list provided by the Center for Mediation and Arbitration of the Chamber of Commerce of Bogotá; (ii) the arbitrators will decide according to the law; (iii) the place of arbitration will be Bogotá; and (iv) the proceeding will be conducted in Spanish.

13.8 Hong Kong. For any Event held in Hong Kong, the AWS contracting entity is Amazon Web Services Hong Kong Ltd.

13.9 India. For any Event held in India:

(a) The AWS contracting entity is Amazon Internet Services Private Limited (“AISPL”).

(b) The laws of India, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between the parties. All disputes and differences arising out of these Terms will be referred to arbitration by a sole arbitrator appointed by AISPL. The decision and award determined by such arbitration will be final and binding upon the parties. The arbitration will be conducted in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996, as may be in force from time to time. The arbitration proceedings will be conducted in English and the seat of the arbitration will be New Delhi.

(c) The following replaces Section 5: All fees and charges payable under these Terms will be exclusive of applicable goods and services tax (“GST”) ("Taxes") that AISPL is legally obligated to charge under the applicable laws. For the purpose of this clause, GST will include the Central Goods and Services Tax, the State Goods and Services Tax, the Union Territory Goods and Services Tax, and the Integrated Goods and Services Tax as may be applicable. The Taxes charged by AISPL will be stated in the invoice provided to you pursuant to applicable laws. AISPL may charge, and you will pay, any applicable Taxes, which are stated separately on the invoice. As per the statutory requirement under GST, you will provide all necessary information such as the correct GST registered address, legal name and GSTIN ("GST Information") in order for AISPL to issue correct GST invoices in accordance with the applicable legal requirements. In the event the GST invoice provided to you is incorrect, you will inform us in a timely manner, to enable AISPL to correct the GST tax invoice. AISPL will determine the place of supply for the services based on the GST Information provided by you and accordingly, charge GST (CGST and SGST/UTGST or IGST) on its invoice. Any withholding taxes that may be applicable to the fees and charges payable to us are for our account. You will pay the fees and charges in our invoice in full (gross) without applying any withholding taxes. If you separately deposit applicable withholding taxes on such fees and charges to the applicable government treasury and issue us a withholding tax certificate evidencing such deposit, following receipt of the withholding tax certificate in original form, we will reimburse to you an amount equal to the taxes that are evidenced as deposited.

13.10 Israel. For any Event held in Israel:

(a) The AWS contracting entity is Amazon Web Services EMEA SARL (Israel Branch).

(b) The laws of Luxembourg, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to these Terms, including where a party seeks interim relief, will be adjudicated in a court of district of Luxembourg.

13.11 Japan. For any Event held in Japan:

(a) The AWS contracting entity is Amazon Web Services Japan K.K.

(b) The laws of Japan, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to these Terms, including where a party seeks interim relief, will be adjudicated in Tokyo District Court.

13.12 Malaysia. For any Event held in Malaysia, the AWS contracting entity is Amazon Web Services Malaysia Sdn. Bhd.

13.13 Mexico. For any Event held in Mexico, the AWS contracting entity is Amazon Web Services Mexico S. de R.L. de C.V.

13.14 New Zealand. For any Event held in New Zealand, the AWS contracting entity is Amazon Web Services New Zealand Limited.

13.15 Philippines. For any Event held in Philippines, the AWS contracting entity is Amazon Web Services Philippines, Inc.

13.16 Singapore. For any Event held in Singapore, the AWS contracting entity is Amazon Web Services Singapore Private Limited.

13.17 South Africa. For any Event held in South Africa, the AWS contracting entity is Amazon Web Services, Inc.

13.18 South Korea. For any Event held in South Korea, the AWS contracting entity is Amazon Web Services Korea LLC.

13.19 Switzerland. For any Event held in Switzerland:

(a) The AWS contracting entity is Amazon Web Services EMEA SARL, Luxembourg, Zweigniderlassung Zurich.

(b) The laws of Luxembourg, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to these Terms, including where a party seeks interim relief, will be adjudicated in a court of district of Luxembourg.

13.20 Taiwan. For any Event held in Taiwan, the AWS contracting entity is Amazon Web Services Taiwan Limited.

13.21 Thailand. For any Event held in Thailand, the AWS contracting entity is Amazon Web Services (Thailand) Limited.

13.22 United Arab Emirates. For any Event held in the United Arab Emirates:

(a) The AWS contracting entity is Amazon Web Services EMEA SARL.

(b) The laws of Luxembourg, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to these Terms, including where a party seeks interim relief, will be adjudicated in a court of district of Luxembourg. If the arbitration process described in Section 11.6 is not enforceable, the parties agree that any controversy, dispute, or claim arising under these Terms will be adjudicated in the courts of the Dubai International Financial Center.

13.23 Vietnam. For any Event held in Vietnam:

(a) The AWS contracting entity is Amazon Web Services Vietnam Company Limited.

(b) The following is added at the end of Section 10: The parties acknowledge and agree that international commercial practices form the basis for their mutual agreement and entry into the provisions of this Section 10.

(c) Any controversy, dispute or claim arising out of or relating to these Terms will be resolved by arbitration at the International Court of Arbitration of the International Chamber of Commerce in accordance with its Rules of Arbitration. The arbitration will take place in Singapore. There will be three arbitrators. The fees and expenses of the arbitrators and the administering authority, if any, will be paid in equal proportion by the parties. The laws of Vietnam will govern the arbitration proceedings.

13.24 Other European Union Countries. For any Event held in countries in Europe, the Middle East or Africa, other than in a country expressly noted above:

(a) The AWS contracting entity is Amazon Web Services EMEA SARL.

(b) The laws of Luxembourg, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to these Terms, including where a party seeks interim relief, will be adjudicated in a court of district of Luxembourg.