These Terms of Service govern your use of the website located at https://misstracycreates.com/ and any related services provided by Miss Tracy Creates.
By accessing https://misstracycreates.com/, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Miss Tracy Creates.
We, Miss Tracy Creates, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on May 17, 2024.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Miss Tracy Creates provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to Miss Tracy Creates and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Miss Tracy Creates at any time.
Liability
Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, Miss Tracy Creates makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Miss Tracy Creates or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Miss Tracy Creates or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. Miss Tracy Creates does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Links
Miss Tracy Creates has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Miss Tracy Creates of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Texas, US. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Event Participant Terms and Conditions
These terms and conditions (the “Terms”), apply to all Participants at Events (in each case as defined below). Your attendance at an Event indicates your agreement to these Terms.
1. Definitions
In these Terms the following capitalized words and expressions have the meanings set out against them below:
“we/us/our/Company”: Miss Tracy Creates
“Content”: materials, data, information and products provided by the Company or its event partners at, relating to or forming part of the Event.
“Data Protection Laws”: any laws and regulations relating to the processing, privacy and use of personal data in connection with or pursuant to these Terms including, without limitation, a. To the extent the UK GDPR applies, the law of the United Kingdom or of part of the United Kingdom which relates to the protection of personal data or b. to the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which the parties is subject, which relates to the protection of personal data.
“Event”: an event operated by or on behalf of the Company including a conference, exhibition, convention, congress, summit, seminar, webinar, meeting, workshop, award dinner, public training, private or bespoke training, Ancillary Events and Online Events.
“Event Confirmation”: our written (including digital) confirmation of your registration for a place at that Event.
“Event Dates”: the dates on which the Event is scheduled to take place.
“Event Marks”: trademarks and service marks owned by or licensed to the Company relating to the Event.
“Event Sponsor”: a person or company which has entered into a sponsorship agreement with the Company or its partners in relation to an Event.
“Event Venue”: the venue at which a physical Event is held.
“Fee”: the fee payable by a Participant (or Sponsor on behalf of a Participant) in order to attend an Event.
“Intellectual Property Rights”: patents, rights to inventions, copyright and neighboring and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights.
“Losses”: actions, damages, claims, liabilities, costs, losses and expenses (including, without limitation, reasonable legal fees).
“Participant/You/Your”: an individual who attends an Event in any capacity other than as a representative of the Company or of the Event Venue.
“Registration Details”: the personal data provided by Participants when they register to attend an Event.
“Software”: the online software applications made available for access or download from our or our supplier’s or event partner’s websites in relation to any Event or Content.
2. Registration for Events
2.1 Validly registering for this Event shall entitle you to admittance to that Event as a Participant, subject to these Terms. Any optional extras may incur an additional cost to the basic registration fee.
2.2 The Registration Details of each Participant must be registered with us not less than 45-Days before the start of the Event. We reserve the right to exclude from any Event any individual whose name does not appear on our register of Participants at the start of the Event.
2.3 When registering for an Event, you must provide us with accurate and complete Registration Details. It is your responsibility to inform us of any changes to that information (including, without limitation, your email address) by updating your details on the relevant section of the applicable website or contacting us using the contact information provided to you in any Event Confirmation.
2.5 It is your responsibility to inform us of any special access requirements or dietary requirements at the time of registration, and in any event no later than 45 days in advance of the Event. Any dietary requests made less than 10 Business Days before an Event may not be available.
2.6 All registrations for Events are subject to availability and to acceptance by the Company at its absolute discretion.
2.7 Where an Event requires an event pass to enable entry, you may be required to provide evidence of your identity for your pass to be issued to you. Participants must keep their event pass on their person at all times during their attendance at the Event and the Company reserves the right to refuse entry or eject to Participants who fail to produce a pass when requested.
2.8 By attending the Event you acknowledge that photographs and filming may take place at the Event. The Company reserves the right to use images and videos recorded at the Event with your photograph and/or likeness in future marketing materials, including social media channels, websites, and print material, without obtaining any further approval from you or making any payment to you. If you do not wish your photograph to be taken at an Event please notify the photographer during the Event and we will use reasonable endeavors to comply with your request.
2.10 Participants must be over the age of 16.
2.11 Participants may not sell, transfer, or share their Event passes. Registered Participants may be substituted by other individuals at no extra cost by notice in writing to the Company at any time, subject to compliance with these Terms, including (without limitation) the need for any substitute individuals to provide Registration Details at least 45-days in advance of attending the Event and subject to screening.
3. Attendance Requirements
3.1 Each Participant shall:
(a) observe the rules, policies and procedures of the Event Venue including in relation to health and safety and any reasonable instructions issued by the Company and/or the management of the Event Venue and/or the Online Event Platform;
(b) behave in a respectful, professional and appropriate way that does not breach the laws or regulations of their home country or of the host country or that risks bringing the Event or the Company into disrepute;
(c) ensure they have adequate insurance for their own requirements, including personal accident and travel insurance, prior to attending any Event; and
3.2 You agree that your travel to and attendance at an Event is at your own risk and not the responsibility of the Company.
4. Participant Obligations
4.1 The Company reserves the right to refuse entry by any Participant to an Event or to remove any Participant from an Event or block them from an Online Event Platform without any liability for any reason and at its sole discretion.
4.2 The Company reserves the right to recover from you any loss or damage incurred or suffered by us, the Event Venue, the Online Event Platform or any other Participants as a result of your conduct at the Event or failure to comply with these Terms. In such circumstances, a Participant shall not be entitled to a refund of any Fees.
5. Fees
5.1 Payment in full of any applicable Fees for the Event is due upon registration. If such payment is insufficient or declined for any reason, the Company may refuse entry to the Event.
5.2 Fee schedule rates are valid at the time of completion of registration provided that they are paid in full before the applicable expiration date. If the Fee for a completed registration is not paid in full before the next fee schedule comes into force, you will be charged a Fee calculated in accordance with the prevailing Fee schedule at the date of payment.
5.3 All Fees shall be paid in full without any set-off, counterclaim, deduction or withholding (other than as may be required by law).
6. Intellectual Property Rights
6.1 All Intellectual Property Rights in and to Events and in the Content relating to Events are the property of the Company or its third-party content providers. We may provide a license to third parties, including Event Sponsors, to use the Content at our sole discretion.
6.2 Participants may use the Content solely for their own personal use and benefit and not for resale, distribution or other commercial purposes.
6.3 The Event Marks may not be used without the Company’s prior written permission.
6.4 Any request for permission to republish, reprint or use for any other purpose any of the Content or Event Marks should be sent by email to the Event contact as described in your Event Confirmation.
6.5 The Software belongs to the Company or its suppliers. Your use of the Software is governed by the terms of any license agreement that may accompany or be included with the Software and you must not install or use any Software unless you agree to the terms of such license agreement.
7. Ancillary Events
7.1 The Company may offer Participants the opportunity to attend an Ancillary Event, in which case specific Ancillary Terms may apply. Such Ancillary Terms shall be contained in the materials provided to you when you register to attend an Ancillary Event and shall apply in addition to these Terms.
7.2 If there is any inconsistency between these Terms and any applicable Ancillary Terms, the Ancillary Terms shall take precedence in relation to the Ancillary Events.
8. Changes to Event
Although the Company’s Event program is correct at the time of publication, we may exchange the format, Content, venue, speakers, hosts, moderators and/or timing of an Event, including a change from a physical Event to an Online Event. The Company shall use its reasonable endeavors to notify all Participants of any such changes prior to an Event.
9. Cancellation of Event
9.1 We may in exceptional circumstances need to cancel or postpone an Event, in which case we shall notify you as soon as reasonably practicable. In the event of cancellation, we shall issue Participants with a full refund of relevant Fees paid by you. In the event of postponement, we shall offer you the option to re-register for the rescheduled Event or, issue you a full refund of relevant Fees paid by you. Our liability to you as a result of any cancellation or postponement of an Event shall be limited to the amount of Fees which you have paid to us for that Event only and we shall not be liable for any additional Losses incurred by you as a result of such cancellation or postponement.
9.2 Refunds shall be issued back to the debit/credit card used for payment or by bank transfer. Refunds back to debit or credit card can only be processed within 60 days of the original transaction date. Refunds for earlier transactions must be processed by bank transfer.
10. Data Processing
10.1 In this clau0the terms “personal data”, and “processing” shall have the meanings ascribed to them under the Data Protection Laws.
10.2 The Company shall:
(a) comply with all applicable requirements of the Data Protection Laws; and
(b) process any personal data which it obtains or holds in relation to a Participant under or in relation to these Terms for the purposes of carrying out its obligations under these Terms, in accordance with its privacy notice or as otherwise permitted by Data Protection Laws.
10.3 We shall use your personal data for the purpose of providing services in relation to Events, including, but not limited to Event registration, communications, Event access, dining, hotel room reservations, administration (including before, after and during the Event), invoicing and payment, delegate lists, post-Event feedback, quality checks, Participant verification (including for sanctions and trade control purposes), research and polling.
10.4 In order to fulfil our obligations to you in relation to the Event, we may share relevant personal data with presenters, Event Venue management, the Online Event Platform, trainers, organizers, print houses, finance partners, connected communities, faculties, committees, Event service providers and external delivery partners. We may also share personal data in accordance with our privacy notice, including with Event Sponsors who may be based in any territory.
10.5 For more information about our data protection policy please go to our Privacy Policy.
11. Force Majeure
11.1 In this clause, “Force Majeure” means circumstances which are beyond our reasonable control and which are reasonably likely to affect the successful delivery of the Event or would make it inadvisable, impracticable, illegal, or impossible for us to host the Event or perform our obligations under these Terms, including circumstances, which directly affect the Participants in their home countries resulting in a material percentage of the Participants being reasonably likely to be prevented from attending the Event.
11.2 If, as a result of Force Majeure, the Company cancels the Event, the Company shall use its reasonable endeavors to either (a) reschedule the Event; or (b) switch the Event from a physical Event to an Online Event, in each case to take place within two months of the original Event Dates.
11.3 If the Company is unable to reschedule the Event in accordance with clause 11.2, it shall refund the Participant Fees as soon as reasonably practicable and in any event within 60 days from the date of notice of cancellation.
13.4 Without prejudice to the Company’s obligation to refund any Fees to Participants, the Company accepts no liability and shall pay no compensation where the performance of its obligations is made impracticable, illegal or impossible by or as a result of Force Majeure.
12. Limitation of liability
12.1 Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
12.2 You agree that your access to any Event and your use of any of the Content is at your sole risk and responsibility and acknowledge that all Content is provided “as is” and “as available”. The Content is made available for your general information and any advice, opinion, statement or other information forming part of the Content is not intended for trading or to address your particular requirements. The Content does not constitute any form of advice, recommendation or arrangement by us (including, without limitation, investment advice or an offer or solicitation to buy or sell any security, financial product or other investment) and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision.
12.3 Except as expressly stated in this Agreement, the Sponsor makes no express or implied warranty or representation in connection with the Event.
12.4 Subject to clause 12.1, we shall not be liable, whether based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in relation to these Terms, for any indirect or consequential losses.
12.5 Subject to clause 12.1, the Company’s total liability to you, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in relation to these Terms shall not exceed the total amount of the Fees paid or payable under these Terms.
13. Amendment
We may make amendments to these Terms from time to time. Any such amendments shall be posted on the Event website. Amendments will be effective immediately on the amended Terms being posted on the Event website and you will be deemed to have accepted them if you attend the Event. If you do not wish to accept them, you must cancel your attendance.
14. Entire Agreement
These Terms together with the Privacy Policy and any Ancillary Event terms and application or registration form (where relevant) state the entire agreement and understanding between you and the Company relating to your attendance at the Event and supersedes all previous terms, communications and discussions whether written or oral relating to that subject matter.