iCON TERMS AND SERVICES


Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING WWW.iCONCONENTION.COM (THE “SITE”) OR ANY SERVICE OFFERED BY PERSONALIZED iCON INFLUENCER CONVENTION, INC. (“ICON,” “WE,” OR “US”). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY IPSY SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY ICON SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

This Agreement applies to all Site visitors and users of the Site. If you don’t agree with any term or condition in this Agreement, please don’t use the Site. If you have any questions, please refer to the FAQs on each city-specific event page. If you don’t find your answer there, email us: general@iconconvention.com

  1. WELCOME TO iCON INFLUENCER CONVENTION!

iCON Influencer Convention  is a unique conference that brings together the leading influencers, marketing professionals, social media enthusiasts and brands for a weekend of inclusion,  inspiration, and networking.

iCON promotes iCON Influencer Convention on the Site and on social networking platforms controlled by iCON such as the iCON Facebook page, the iCON Instagram feeds and the iCON Twitter feed (collectively, the “ipsy Online Community”). You can also access information about iCON Influencer Convention, including event locations, participating beauty brands and Creators appearing for meet-ups. Both brands and Creators attending iCON can change at any time, including up to the date of the event. So, be sure to check the Site often or follow us on our social media channels for the most up to date information.

Tickets to iCON Influencer Convention Events: You can purchase tickets to iCON from our authorized third party ticket provider through the Site. Prices are quoted in U.S. dollars. The total price for iCON  tickets does not include any fees or applicable sales taxes. Such fees and sales taxes are calculated based on the sales tax rate in effect at the time of purchase.

Ticket Refunds: We do not allow refunds for tickets purchased, but you may transfer your iCON ticket to friends, family or colleagues, provided that you notify us first. To transfer tickets, email us using this link: general@iconconvention.com

NOTICE REGARDING FRAUDULENT TICKETS: You assume the risk of purchasing iCON  tickets from unauthorized third parties. iCON is not responsible for invalid tickets and iCON will not honor entry to anyone possessing a fraudulent ticket. If your ticket cannot be properly scanned, has already been “checked in”, or does not appear in our database, you will not be allowed to enter the event. If you are not sure whether you are dealing with an authorized ticket vendor, please contact us at general@iconconvention.com.

Attending iCON Influencer Convention Events: By purchasing any ticket(s) to the iCON event, you acknowledge that you will expose yourself and your guests to the normal risks of loss and injury or other harm associated with attending a conference open to the general public. iCON is not responsible for lost or stolen items at the event.

iCON reserves the right to remove or eject any person from the iCON Influencer Convention event whom it deems, in its sole discretion, is: (i) disruptive to the event or individual programs; or (ii) causes harm or poses a threat to any event attendee(s) or worker(s). If you are removed or ejected from iCON for any of the foregoing reasons, you will not be eligible for a refund of your ticket.

  1. ELIGIBILITY TO USE THE SITE & SERVICES

General: You may access the Site from anywhere in the world without incurring any fees or purchasing a ticket to attend iCON Influencer Convention. In order to attend iCON Influencer Convention you must purchase a ticket.

Residency: The Site is available to anyone in the world, but most of the iCON Services are limited to legal residents of the United States or Canada.

Age: You are not authorized to access or use the Site or any iCON Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and iCON Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or iCON Influencer Convention attendee, if applicable) and will be responsible for any and all use of the Site and iCON Services by the individual under 18.

Compliance: To be eligible to use the Site and iCON Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Use, the iCON policy policy), and all other operating rules, policies, and procedures that iCON may publish from time to time on the Site, each of which is incorporated herein by reference and each of which iCON may update from time to time without notice to you:

Certain iCON Services may be subject to additional terms and conditions that iCON may post on the Site from time to time. To be eligible for such services, you must comply with those additional terms and conditions, which are incorporated by reference into this Agreement. See Section 5 below for more information regarding modifications to these Terms of Use.

iCON’s Right to Revoke, Suspend, or Restrict Eligibility: iCON may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any iCON Service. If iCON bans you from the Site or any iCON Service, you may not return to the Site or use that iCON Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site after you’ve been banned, you will be deemed to have breached this Agreement, and iCON reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

  1. GENERAL TERMS OF USE FOR OUR SITE

Account Information: If you purchase tickets to attend iCON Influencer Convention  from the Site then we will ask you for certain information including your name, personal information, email address, credit card information and credit card billing address (collectively, “Account Information”). You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify iCON of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. iCON will not be liable for any loss or damage arising from your failure to comply with this Section.

Information collected: iCON Influencer Convention’s Privacy Policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

Site Content: Other than content submitted to the iCON Online Community by users (“User Content”), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, “Site Content”), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don’t own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without iCON’s prior written permission.

You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

User Content: You must own all User Content you submit to any iCON Online Community or you must have the copyright owner’s written permission to use it. You alone are responsible for the content and consequences of each of your activities in the iCON Online Community and you submit User Content at your own risk.

iCON does not claim ownership rights in your User Content. When you submit User Content to any iCON Online Community you grant us a license to use such content, but you retain ownership.

By uploading User Content on the Site, you grant iCON a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or later developed. You agree to allow iCON to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way iCON chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our Privacy Policy.

Re-Posting User Content: It’s possible for an outside website or third party to re-post your User Content. You agree to hold iCON harmless for any dispute concerning such re-posting. iCON assumes no responsibility for any third party’s intellectual property infringement of User Content.

Trademarks: The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed in the iCON Site or through the iCON Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear in the iCON Site or through the iCON Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed in the iCON Site without our written permission or that of the third-party rights holder.

Prohibited User Conduct: You agree that while using the Site, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from iCON, its affiliates, or another iCON community member; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the iCON Site; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.

Information on the iCON Site: We control and operate the Site from the United States. The views expressed in the iCON Online Community do not necessarily reflect or represent the views of iCON or its staff.

iCON reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the iCON user community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. iCON also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.

You may find some Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact iCON at: general@iconconvention.com. We will review your concerns in good faith.

Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is “framed,” surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.

YOU AGREE THAT YOUR USE OF THE SITE  SHALL BE AT YOUR OWN SOLE RISK, AND THAT ICON HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

Liability Limit: IN NO EVENT SHALL ICON OR ICON’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE LIABILITY OF ICON AND ICON’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO ICON IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity: YOU AGREE TO INDEMNIFY AND HOLD ICON AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. ICON RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH ICON’S DEFENSE OF SUCH CLAIM.

  1. LEGAL DISPUTES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ICON HAVE AGAINST EACH OTHER ARE RESOLVED.

Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND ICON AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ICON AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

If a dispute arises between you and iCON, we are likely to be able to resolve your matter quickly and to your satisfaction.  Please contact our customer support team by sending us an email at general@iconconvention.com.  Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible.  We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and ipsy all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after your attendance at any iCON Influencer Convention event.

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and iCON each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings.  For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award.  If either iCON or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

Exceptions to Agreement to Arbitrate.

We all agree that we will go to court to resolve disputes relating to:

  • Your or iCON’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
  • Any claim made in small claims court either in New York City, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.

No Class Actions.

We all agree that we can only bring a claim against each other on an individual basis.

That means:

  • Neither you nor iCON can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
  • The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
  • The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.

The Arbitration Process.

The American Arbitration Association (AAA) will manage the arbitration between you and iCON, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.

You are allowed to select the arbitration location as being in the county or province where you live or in New York City, New york.  We can also choose a third location if we mutually agree.

If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person.  You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.

While most arbitrators render a verbal decision, both you and ipsy have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, ipsy and/or you can ask a court to confirm it.  In some very limited circumstances, we may be allowed to ask a court to change the decision or award.  This is information you will be provided should the arbitration process prove unsatisfactory.

Arbitration Costs.

If your claim is for $10,000 (US) or less, ipsy is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA.  You must tell the AAA at the time you begin the arbitration proceeding.  ipsy will be notified of your request.

If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, ipsy will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.

We won’t try to have you pay us back for covering your fees and we won’t try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.

Applicable Law.

The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.

Apart from that, if you are U.S. resident, these terms and our relationship will be governed by New York law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.

Any dispute or claim arising from or relating to the Agreement or the iCON attendee  is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in these Terms of Use.

Choice of Law: This Agreement shall in all respects be governed by the laws of the State of New York and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.

No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and iCON’s failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms of Use, together with our Privacy Policy, and all other operating rules, policies, procedures, and additional terms that iCON may publish from time to time on the Site, constitutes the entire agreement between you and iCON concerning your use of the Site and iCON Services. iCON reserves all rights not granted under this Agreement.

Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency: You and iCON are independent contractors. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to iCON must be given by postal mail to iCON, Attention: Legal Department, 794 9th Ave #2RN New York, N.Y 10019.. Any notice to you may be given: (1) to the email address you provide to iCON during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to iCON, in which case notice will be deemed sufficient three days after the mailing date.

Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.

  1. MODIFICATIONS TO TERMS OF USE

We may change the Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If iCON makes a material change, iCON will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. iCON may determine, in its sole discretion, in good faith, what constitutes a “material change” using common sense and reasonable judgment. Your use of the Site or any of the iCON Services after we have modified this posting will constitute your acceptance of any changes.

Effective Date: March 15th, 2018