DIGITALIUM – Website and Services
A DIGITALIUM platform operated through Fundația Business World
Welcome to DIGITALIUM!
PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR USE OF OUR WEBSITE AND SERVICES
1. Introductory information and disclaimer
These Terms of Use are entered into between you (hereinafter referred to as "you" and "your"), including any visitors, on one side, and DIGITALIUM, on the other side. They constitute a legal agreement and create a binding contract between you and the Organizer of DIGITALIUM.
This website is operated under the DIGITALIUM brand by Fundația Business World (hereinafter referred to as "DIGITALIUM", "Organizer", "we", "our" or "us"), a legal entity organized and existing under the laws of Romania, having its registered office at [full legal address], with registration and tax details [registration / tax details].
For the avoidance of doubt, DIGITALIUM is a brand, project and event platform operated through Fundația Business World. Unless expressly stated otherwise, all legal rights, obligations, liabilities, contractual undertakings, invoices, ticketing arrangements, promotional campaigns and event operations related to DIGITALIUM are undertaken, administered and enforced by Fundația Business World, acting as organizer and operator of the DIGITALIUM platform, events and related services.
By accessing our website, or any of its pages, sections, forms, subdomains, digital assets or blocks (the "Website"), as well as while acquiring, reserving, registering for, or otherwise contracting any of our services referred to at Section 2.1 below, you fully agree that you have read, unequivocally understood, and accepted to be bound by all the terms and conditions stipulated throughout the following paragraphs ("T&C", "Terms of Use", "Terms").
Therefore, once accessing the Website and prior to the use of any one of our Services, you must read the T&C in full, as any failure to do so and all subsequent consequences, irrespective of their nature or amount, remain in your sole responsibility, to the maximum extent permitted by applicable law.
Our Services are offered to you contingent upon the acceptance without reservation of all these T&C. Conversely, in the event that you do not agree, even partially, with any provision of these T&C, you must immediately stop using the Website and refrain from accessing, purchasing, registering for, or otherwise using our Services. If, despite such disagreement, you continue browsing the Website, communicating with us, creating an account, submitting forms, purchasing tickets, registering for an event, attending an event, downloading content, or otherwise using any of our Services, such conduct shall be deemed an express acceptance of these Terms.
Please note that these T&C may occasionally be amended in order to reflect relevant changes concerning our Services, ticketing arrangements, commercial policies, legal obligations, technical modifications, safety rules, exceptional circumstances, force majeure situations, changes in venue requirements, changes in event format, or any other reasons of similar nature. Where such amendments occur, DIGITALIUM reserves the right, but shall not be under any obligation, to adapt these T&C, the Privacy Policy, ticketing rules, Website features, campaign mechanics, participation policies and/or any related legal notices accordingly. We will publish such amendments in a feasible and practicable manner. However, it is your responsibility to make sure that you have reviewed the most up-to-date version of these T&C and of any other applicable policies before relying on any rights or benefits.
To contact us, please email us at hello@digitalium.ro, unless a different contact address or contact channel is expressly mentioned for a particular matter in these T&C or elsewhere on the Website.
2. T&C's scope and definitions
2.1 T&C's scope
The field of application of the present T&C results from the wording of all their provisions and, for the sake of clarity, shall be briefly outlined below:
- these T&C apply to the Website, to any DIGITALIUM related mobile applications or digital tools, to any services offered under the DIGITALIUM brand, to any physical, digital or hybrid event organized, operated, administered, promoted, distributed, licensed or hosted by us and/or promoted on the Website, as well as to any ticketing, registration, streaming, content distribution, networking, campaign, sponsorship, hospitality, merchandise, NFT, blockchain, or related services (collectively referred to as the "Services");
- these T&C set out the terms, conditions and notices under which the Services are offered, including but not limited to the use of the Website;
- these T&C produce legal effects between you and the Organizer whenever you visit the Website, submit information through the Website, register an account, subscribe to communications, purchase or reserve a Ticket, attend an Event, participate in any contest or campaign, access event content, interact with our team, or otherwise use the Services.
Please note that these T&C do not apply to services available through third-party websites, external links, third-party ticketing processors, payment processors, partners' websites, exhibitors' pages, speakers' websites, social media platforms, or any other third-party systems not operated directly by us, even if such services are linked from the Website.
When you choose to access, test, enroll in or use specific features described on the Website, including but not limited to premium access areas, campaigns, download gates, media accreditation, sponsor activations, VIP services, blockchain-based products or any other feature, you may be subject to additional specific terms and conditions made available in the corresponding section, form, order flow or communication.
These T&C are supplemented by and must be read together with:
- the DIGITALIUM rules for attending each Event;
- venue regulations, safety and security rules, and access policies applicable to each Event venue;
- any streaming, broadcasting or digital access rules applicable to the Event format;
- the Privacy Policy;
- the Cookie Policy;
- campaign or promotional rules;
- additional notices, waivers, disclaimers, event manuals, code of conduct rules, or participation conditions issued by the Organizer from time to time.
2.2 Definitions
Unless the context requires otherwise, the following definitions shall apply throughout these T&C:
- "Brand" means the DIGITALIUM brand, identity, trade name, commercial presentation and all associated branding elements.
- "Campaign" means any promotional activity, giveaway, sweepstake, contest, challenge, activation, raffle or special engagement mechanism organized by DIGITALIUM or under its authority.
- "Content" means all materials made available through the Website or Services, including but not limited to text, graphics, layouts, logos, trademarks, names, audio, video, images, illustrations, brochures, guides, presentations, downloadable materials, forms, event recordings, social media materials, livestreams and all related intellectual property.
- "Event" means any event, conference, summit, masterclass, meetup, session, workshop, networking format, hospitality format, digital access format, online format or hybrid format organized, operated, licensed, hosted or promoted under the DIGITALIUM brand.
- "Event Organizer" means DIGITALIUM, operated through Fundația Business World, together with its affiliates, contractors, venue partners, suppliers, ticketing providers, technical providers, staff, collaborators, security providers, access control personnel, and any third-party providers involved in the organizational-administrative execution of the Event.
- "NFT" means a non-fungible token or any blockchain-based access or collectible asset offered, promoted or used in connection with DIGITALIUM, if applicable.
- "Participant" means any person who attends, accesses, joins, views, participates in, or is otherwise present at an Event, irrespective of the way in which they acquired access rights.
- "Purchaser" means the person or entity who acquires, pays for, reserves or otherwise contracts a Ticket or Service.
- "Services" means the services described in Section 2.1 above.
- "Speaker" means any presenter, guest, moderator, performer, facilitator, trainer, contributor, expert, panelist or invited person appearing within the DIGITALIUM program.
- "Ticket" means the permit, right or license to attend or access an Event, irrespective of its format.
- "Ticket Holder" means the person who holds or uses the Ticket.
- "Ticket Owner" means the Participant who used a validated Ticket to gain access to the Event.
- "Validated Ticket" means a Ticket successfully checked in, scanned, activated, validated, confirmed or otherwise accepted by the Organizer's systems or personnel for access.
- "User" / "Users" means any person who interacts with the Website or any of our Services.
- "Wallet" means any digital wallet or blockchain-enabled storage mechanism used in connection with any NFT or blockchain-based service, where applicable.
- "Working Day" means a day other than Saturday, Sunday or public holiday in Romania.
3. Use of Services. General provisions
3.1 Age restrictions
All our Services shall be deemed available only to persons who have full legal capacity under the law applicable to them.
If you are under 16 years of age, you are not authorized to use the Services unless applicable law expressly allows such use and such use is supervised and approved by a parent or legal guardian.
If you are between 16 and 18 years of age, you may use the Services only with the approval, supervision and legal responsibility of your parent or legal guardian.
3.2 Website registration
You are not required to register as a member in order to use certain parts of the Website. However, for accessing some features, tickets, account areas, digital products, invitations, downloads, VIP services, or event-related tools, registration may be mandatory.
Whenever you provide registration data, login credentials, billing information, invoice data, attendee data, profile information or similar information, you must provide and maintain information that is true, accurate, complete, updated and compliant with applicable laws.
3.3 Duties and acknowledgements
Whenever you access or use the Website or any of the Services, you hereby acknowledge and expressly agree:
- to comply with all these T&C and any additional rules applicable to the relevant Service or Event;
- to comply with all applicable laws and regulations;
- not to share or disclose any login credentials, passwords, access credentials, ticket codes or personal data;
- not to impersonate any person or entity;
- not to upload, distribute or transmit any files or materials that contain viruses or harmful technology;
- not to overload, disrupt, damage or interfere with the Website or Services;
- not to gather and use information for unsolicited, abusive, competitive, unlawful or unauthorized commercial purposes;
- not to use the Website or Services for illegal, defamatory, discriminatory, harassing, fraudulent or abusive purposes;
- not to post or send spam, bulk communications or unauthorized advertising;
- not to post content that infringes third-party rights;
- not to copy, modify, reverse engineer, reproduce, scrape, mirror, republish or exploit any software, systems or Content;
- to observe all venue, security, access, badge, health and safety, photo/video and attendee conduct rules.
4. Non-commercial use of the Website
Unless otherwise expressly stated, the Website is intended solely for your personal, informational and non-commercial use.
You are not entitled to copy, distribute, transmit, display, perform, reproduce, publish, license, sell, exploit, scrape, mine, repurpose or create derivative works from any information, software, content, products or services obtained by using the Website or the Services, unless we expressly authorize this in writing.
Without prior written permission from the Organizer, you must refrain from conducting meta-searches, automated queries, scraping activities, crawling activities, indexing activities, extraction activities, bulk downloading, data harvesting or any similar actions.
5. Restricted use of the Website
In addition to the restrictions stated elsewhere in these T&C, you must also refrain from using the Website in a manner that could damage, disable, impair, overburden or compromise any Website, system, server, platform, feature, integration or network connected to the Website.
You must not attempt to gain unauthorized access to the Website, other accounts, networks, APIs, systems, databases, infrastructure or any connected services through hacking, password mining, credential stuffing, vulnerability scanning or any other prohibited or unlawful means.
6. Suspension or termination of access. Modifications
DIGITALIUM reserves the right, in its sole discretion, to restrict, suspend, terminate or block your access to the Website, your account, your ticket, your registration, your digital access credentials, your participation rights, or any related Services, at any time and without prior notice, where deemed necessary for security, operational, legal, commercial, reputational, compliance or conduct-related reasons.
Upon termination of your access, your right to use the Website and the related Services ceases immediately.
We reserve the right to modify, discontinue, replace, suspend or withdraw any part of the Website, any Service, any campaign, any event feature, any access benefit, any event format, or any registration process, without liability, subject always to mandatory law.
7. Third party linking and importing
If you wish to insert a hyperlink to the Website or any part of it on any other website, page, platform, mirror or public server, or to republish any material contained within the Website, you must first obtain our prior written permission.
The Website may contain links to third-party websites, products, systems, ticketing processors, payment platforms, streaming tools, social platforms or digital services ("Third-Party Services"). Such links are provided only for convenience. Their inclusion does not imply endorsement, approval, guarantee or assumption of liability by the Organizer.
DIGITALIUM shall not be held liable for the content, operation, availability, performance, security, accuracy, updates, failures or practices of any Third-Party Services.
8. Tickets and reservations
8.1 Special disclaimer
This section details the process relating to acquiring or purchasing Tickets, reserving access, registering for Events and attending Events under the DIGITALIUM brand.
8.2 Acceptance and availability
All orders, reservations, registrations and ticket purchases are subject to availability, verification and acceptance by the Organizer, who reserves the right to accept, refuse, cancel, suspend or review any order or registration at its sole discretion.
8.3 Ticket prices and fees
Ticket prices, discounts, promotions, bundled offers, ticket categories, add-ons, taxes, processing fees, service charges and payment methods may change at any time at the sole discretion of the Organizer.
8.4 Reservation timing
If the Website provides shopping cart or reservation functionality, any reservation time displayed is indicative and subject to platform functionality.
8.5 Purchaser responsibilities
The Purchaser is solely responsible for entering correct invoice details, attendee details, contact details, ensuring beneficiary information is correct, and checking spam folders for ticket delivery.
8.6 Conditions relating to Tickets
- all ticket sales are final unless otherwise expressly stated or required by mandatory law;
- Tickets may only be used for personal attendance or internal business use;
- the Organizer may cancel any Ticket acquired through unauthorized channels, fraud, abuse or breach of Terms;
- the Organizer may require identity verification before access is granted;
- access may be refused if attendee information is incomplete, inaccurate or non-compliant;
- once check-in is completed, Tickets may become non-transferable;
- complimentary, subsidized, or special-category tickets may be subject to additional restrictions.
8.7 Ticket delivery
Tickets may be delivered electronically by email, user account, mobile wallet, QR code, badge assignment, access code, or other digital means chosen by the Organizer.
8.8 Lost, stolen or compromised Tickets
The Organizer is not responsible for lost, stolen, duplicated, copied, shared, misused, intercepted or fraudulently used Tickets, except to the extent required by law.
9. Specific conditions regarding access and participation at an Event
No photography, audio or video recording is permitted during Events unless expressly authorized in writing by the Organizer.
Given that DIGITALIUM Events may be recorded, streamed, documented or otherwise captured, the Organizer may record, photograph or capture the image, likeness, voice, statements, participation and presence of any Ticket Holder or attendee in live or recorded formats, which may be published and exploited by the Organizer and its partners for commercial, editorial, archival, educational, PR, promotional and advertising purposes, worldwide and for the full legal duration of the relevant rights, without payment of compensation.
You acknowledge and agree that speakers, moderators, guests and contributors express their own views. The Organizer does not guarantee the accuracy, legality, appropriateness, completeness, reliability or usefulness of any information delivered during an Event.
No information disseminated at DIGITALIUM Events constitutes legal, financial, tax, investment, business, medical or professional advice addressed specifically to you.
The Organizer may add, withdraw, replace, reschedule or substitute any speaker, host, performance, feature, panel, agenda item, session, moderator, topic, venue area, hospitality feature, exhibitor, sponsor activation or service without prior notice and without liability.
The Organizer does not tolerate harassment, abuse, intimidation, discrimination, offensive conduct, threats, hate speech, stalking, disruptive behavior, non-consensual filming, or any other inappropriate conduct.
10. Refunds and alterations
10.1 General provisions
If an Event is cancelled or postponed for legitimate reasons, the Organizer may inform interested parties by means of Website notices, account notices, email notices, media announcements, press communication, social media posts or other means deemed appropriate.
10.2 Organizer's right to alter Events
The Organizer has the right to postpone, modify, cancel, interrupt, relocate, stop, reduce, reformat, digitize, hybridize or otherwise alter an Event due to adverse or justified circumstances including weather, dangerous situations, venue issues, medical emergencies, unavailability of speakers, operational incidents, public authority measures, security concerns, health and safety considerations, legal restrictions, force majeure events, or any circumstances beyond reasonable control.
10.3 Force majeure
DIGITALIUM shall not be liable for any non-performance, interruption, delay, cancellation, reduction, inconvenience, error or unsuitability caused by events beyond reasonable control, including natural disasters, war, terrorism, civil unrest, governmental acts, telecommunications outages, cyber incidents, or acts of third-party providers.
10.4 Refund limits
Except where mandatory law expressly requires otherwise, you shall not be entitled to a refund other than in strict compliance with these T&C and with any specific written refund policy announced by the Organizer. Validated Tickets, used Tickets, checked-in Tickets, attended access rights and consumed Services are not refundable.
10.5 Name changes and transfers
If allowed by the applicable ticket category and system configuration, name changes or beneficiary transfers may be permitted before the Event under conditions communicated by the Organizer.
11. Complimentary, subsidized and promotional tickets
The Organizer may offer complimentary, subsidized, promotional, sponsor-issued, media, volunteer, educational or invitation-based Tickets at its sole discretion. These are subject to specific eligibility criteria and may be personal, nominative, conditional and non-transferable.
Complimentary or subsidized Tickets may not be sold or resold. Any such sale shall void the Ticket and may lead to denied entry or removal.
12. Campaigns, sweepstakes, raffles and promotional activations
DIGITALIUM may organize Campaigns including ticket giveaways, meet-and-greet opportunities, social media activations, audience engagement mechanics, promotional draws and sponsor-led activations.
Participation is voluntary and implies acceptance of these T&C and of the specific campaign rules. Fake accounts, bot activity, manipulated activity, identity fraud, duplicate entries or abusive participation may result in immediate disqualification.
Prizes are non-exchangeable, non-transferable, not redeemable for cash and subject to availability. The Organizer's decision on campaign administration, winner validation and eligibility shall be final.
13. Warranties, liability and limitations
The Services, the Website and all information, materials, functionality, communications, registrations, event experiences, content and features are provided on an "as is" and "as available" basis only.
To the fullest extent permitted by law, the Organizer makes no representations or warranties, express, implied, statutory or otherwise, including warranties of title, non-infringement, merchantability, satisfactory quality, accuracy, completeness, reliability, uninterrupted access, security, compatibility, fitness for a particular purpose, or absence of harmful components.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by mandatory law.
To the maximum extent permitted by law, where liability cannot be excluded, the aggregate liability of the Organizer shall be limited to the amount actually paid by you for that specific Ticket or Service giving rise to the claim.
14. Independent business and personal decisions
You acknowledge and agree that any business, financial, legal, personal, medical, commercial, strategic or investment decisions made by you after accessing the Website, attending an Event, speaking with attendees, hearing a speaker, downloading material or participating in DIGITALIUM are made independently and at your own risk.
15. User's indemnity
To the extent permitted by law, you agree to defend, indemnify and hold harmless DIGITALIUM, Fundația Business World, their affiliates, officers, directors, employees, collaborators, suppliers, venue partners, contractors, representatives, agents and advisors from and against all claims, actions, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses arising out of or in connection with your use of the Website or Services, your attendance at an Event, your breach of these T&C, your breach of any applicable law, or your content, conduct, statements, recordings, uploads or actions.
16. Intellectual property
All trademarks, logos, copyrights, database rights, design rights, image rights, software rights and any other intellectual property rights related to the Website, the Brand, the Events or any Content belong to DIGITALIUM, Fundația Business World and/or the relevant right holders.
You may use the Website and its Content solely for your personal and non-commercial use, and only in accordance with these T&C.
17. Records and evidence
You acknowledge and agree that DIGITALIUM's records relating to your use, access, registration, ticketing, communications, transactions, instructions, validations, check-ins, digital attendance, account usage or other operations shall constitute valid evidence of such matters, to the extent permitted by law.
18. Newsletter and communications
If you subscribe, purchase, register, download gated material, attend an Event, interact with certain Services or otherwise provide your contact details, you may receive communications from DIGITALIUM regarding event information, service updates, operational notices, promotional opportunities, and offers regarding similar services, in accordance with applicable law and our Privacy Policy.
You may unsubscribe from marketing communications at any time.
19. General rules regarding personal data
All personal data collected by DIGITALIUM shall be processed in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR"), applicable Romanian legislation and our Privacy Policy.
For more information, please consult the Privacy Policy or contact us at hello@digitalium.ro.
20. Governing law
By accessing this Website and/or using any Services, you acknowledge and agree that these T&C shall be governed by and construed in accordance with the laws of Romania.
21. Dispute resolution
In the event of any dispute, the parties shall first seek an amicable resolution in good faith. Where such resolution is not achieved, the dispute shall be submitted to the competent courts of Romania.
If you are a consumer under applicable Romanian law, any dispute that cannot be settled amicably shall be referred to the competent courts determined by mandatory law.
22. Blockchain / NFT / Web3 related services, if applicable
If DIGITALIUM offers or promotes NFTs, blockchain-based tickets, wallet-linked benefits, token-gated access or similar products: blockchain-related products may be subject to volatility, technical risk, regulatory uncertainty, security incidents, wallet risk, key loss and third-party infrastructure risk.
You are solely responsible for understanding and managing the use of your wallet, public address, private keys and related blockchain operations. Nothing in this Section shall be interpreted as financial advice, investment advice, tax advice, regulated custody service or portfolio recommendation.
23. Medical, safety and access disclaimers
You acknowledge that attendance at Events may involve crowds, noise, lights, filming, movement, venue controls, waiting time, physical presence, interpersonal interactions and other conditions typical of conferences and live events.
You are solely responsible for assessing whether your physical, psychological, medical or accessibility situation is compatible with attendance.
The Organizer reserves the right to refuse access to any person who presents a safety, compliance, health, operational or reputational risk, subject to mandatory law.
24. General disclaimer
Neither DIGITALIUM nor any of its content providers, service providers, staff or representatives shall be liable for any errors, omissions or delays in the information made available through the Website or the Services.
DIGITALIUM assumes no obligation to monitor, review, screen or censor user-generated activity, third-party materials, attendee interactions, social media reactions, public commentary or similar communications.
25. Feedback and comments
We welcome comments, feedback and constructive complaints. Any suggestions, ideas, concepts, know-how, improvements, methods, comments or feedback submitted by you may be used by the Organizer without restriction and without compensation, unless mandatory law provides otherwise.
26. Entire agreement. Severability. No waiver
These T&C, together with the Privacy Policy and any additional legal notices expressly incorporated herein, constitute the entire agreement between you and the Organizer regarding the relevant Services.
If any provision of these T&C is found invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.
Any failure by the Organizer to enforce any provision of these T&C shall not constitute a waiver of that provision or of any other right.