Scale Hackathon Terms and Conditions

Scale January 2023 Hackathon Terms & Conditions

Last Updated: January 4, 2023

These Hackathon Terms and Conditions (“Event Terms”) apply to every person (“you”) who registers for and/or attends Scale’s (“Scale,” “we,” “us” or “our”) Hackathon on January 21, 2023 (“Hackathon”). If you are registering on behalf of your company or another legal entity, you represent that you have the legal authority to bind that entity to these Event Terms, in which case “you" will mean the entity you represent. BY SUBMITTING YOUR REGISTRATION, you are agreeing to be bound by these Event Terms. 

1. Rules, Regulations, and Conduct

   1. Hackathon Rules. You agree to abide by and comply with all applicable federal, state, local laws, regulations and ordinances, our policies and procedures as set forth herein, including our below Event Guidelines, as well as any policies or procedures that may be provided or explained to you at or prior to the Hackathon (collectively, “Hackathon Rules”).

   2. Removal from Hackathon. If you are in violation of the Hackathon Rules, Event Guidelines, or we believe that you are behaving in an unsafe or careless manner while attending the Hackathon, you may be required to leave, we may terminate your Scale account (if applicable), and you may be barred from returning without any liability on our part.

2. Hackathon Schedule. Any information that we provide about the Hackathon schedule is non-binding and we reserve the right to modify the schedule and speakers at any time. Your registration for the Hackathon does not entitle you to attend any specific sessions and you agree that we will have no liability to you if you are unable to attend any session. Be aware that Hackathon sessions may become full-to-capacity and please plan your session attendance accordingly.

3. Photography, Recordings and Hackathon Information

   1. Our Use of Photography and Recordings. We and third parties authorized by us may take photographs, video or audio recordings of the Hackathon, including of you (“Hackathon Recordings”). By being permitted to attend the Hackathon (and without additional consideration), you (A) agree that we will be the sole copyright owner of the Hackathon Recordings, (B) irrevocably and perpetually consent to the capture of your image, voice and likeness in the Hackathon Recordings and our right to use, reproduce, distribute, display and publish such Hackathon Recordings, in whole or in part, for any purpose, at any time and either directly or through any third party, (C) (on behalf of yourself and your successors and assigns) release us and all such third parties (and us and their respective successors, assigns, and licensees) from any and all liability, claims and causes of action you may have now or in the future with respect to the creation and any exploitation of the Hackathon Recordings, and (D) agree to pay any attorneys’ fee and costs incurred by us or the third parties if you institute any legal action based on or relating to any consent, waiver, release or other agreement you have given in this paragraph.

   2. Your Use of Photography, Recordings and Hackathon Information. Without our prior written consent, you may not take, publish or disseminate photos, audio recordings and/or video recordings of the Hackathon or any of its attendees for commercial use, provided that the foregoing does not apply to your personal or internal business use.

4. Company and Speaker Information

We may identify your company as an attendee of the Hackathon, and you agree you have the authority to provide Scale such right. If you are speaking at the event, you agree to share your headshot, company or affiliation, first and last name, and title on the Hackathon website and in marketing materials. 

5. Tickets

   1. Registration fees. Fees and other charges may be required in order to attend or participate in a Hackathon, and you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card for which you provide any credit card information in connection with a payment transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating payment transactions. Verification of information may be required prior to the acknowledgment or completion of any payment transaction. You will pay all fees and charges incurred by you or on your behalf in connection with a Hackathon, at the prices in effect and disclosed to you when such fees or charges are incurred. In addition, you are responsible for any taxes applicable to your payment transactions. Payments made for one Hackathon may not be applied toward the purchase of any other Hackathon, product or services.

   2. Tickets. All ticket sales are final and non-refundable. Tickets are non-transferable and may not be assigned without our prior written consent (which may be withheld for any reason or no reason at all) and may only be used by the named individual who purchased the ticket according to our records. Any ticket substitution requests must be submitted to events@scale.com at least 30 days prior to the start of the Hackathon.

   3. Cancellation by us. In the event that we cancel the Hackathon and do not reschedule for a date that is within 30 days of the originally posted Hackathon start date, we will refund the full registration fee within 90 days of the date of cancellation. For clarity, you agree that we are not liable to you or any third party for any costs or damages, direct or indirect, consequential, punitive, incidental, special or general resulting from any cancellation or rescheduling of the Hackathon, including without limitation any travel and accommodation costs.

6. Privacy

All digital data or information provided in connection with the Hackathon may be used (saved, stored, processed, transmitted and deleted) by us in accordance with our Privacy Policy, which is hereby incorporated by reference into these Event Terms.

7. Security

To ensure the safety of all attendees and participants, Scale reserves the right to take any security measures it deems appropriate. You will comply with all such security measures, including the following:

• • You will wear your Hackathon badge in a clearly visible way at all times. You will not share or exchange your Hackathon badge with anyone else. Failure to comply with this requirement may result in confiscation of your Hackathon badge and termination of your attendance or participation in the Hackathon.

  • Bags may be checked upon entry and randomly during the Hackathon.

  • You will not leave any bags or other property unattended at any time. Unattended property may be removed.

  • Firearms and other weapons, explosives, and other hazardous materials or articles are prohibited at all times during the Hackathon (“Prohibited Items”). You will not bring or have in your possession any Prohibited Items during your attendance at the Hackathon.

8. Confidentiality

You may access Scale’s facilities for the Hackathon (the “Purpose”), and during such visit Scale may disclose, or you may have access to, certain business or confidential information of Scale (“Confidential Information”). You agree: (i) to use reasonable measures to maintain the Confidential Information in strict confidence; (ii) not to disclose the Confidential Information to any third parties; and (iii) not to use the Confidential Information for any purpose except the Purpose. These obligations will continue for five (5) years, except obligations with respect to Scale’s trade secrets will continue in perpetuity, and will not apply to the extent any Confidential Information is now or thereafter becomes generally known or available to the public, through no act or omission by you. You may make disclosures of Confidential Information required by law, regulation, or court order if you (A) send Scale prompt written notice of the required disclosure and (B) cooperate, at Scale’s expense, to prevent or limit the disclosure.

Upon Scale’s request, you will promptly return to Scale or destroy all tangible items and embodiments containing the Confidential Information and all copies thereof (including electronic copies), except Confidential Information you reasonably retain for legal or compliance reasons; provided, however, that you comply with the obligations set forth in this section for the duration of the time the Confidential Information is retained. Scale retains all right, title and interest to its Confidential Information. This section does not grant you any intellectual property rights or other rights of Scale, except the limited right to use Confidential Information for the Purpose. ALL CONFIDENTIAL INFORMATION IS PROVIDED BY SCALE “AS IS”. You acknowledge that the unauthorized use or disclosure of the Confidential Information would cause Scale to incur irreparable harm and significant damages, the degree of which may be difficult to ascertain. Accordingly, you agree that Scale will have the right to seek immediate equitable relief  in addition to any other rights and remedies that it may have at law or otherwise.

9. Intellectual Property

You will maintain all right, title, and interest in and to any intellectual property you develop during the Hackathon, to the extent permitted by applicable law. You acknowledge that others attending the Hackathon, including Scale, may develop similar methodologies, tools, models, software, documentation, know-how, trade secrets, inventions, or works of authorship, or any other form of intellectual property during or after the Hackathon, including works inspired by Hackathon projects.   

Scale maintains all right, title, and interest in and to its Background Intellectual Property. “Background Intellectual Property” means registered and unregistered proprietary methodologies, tools, models, software, documentation, know-how, trade secrets, inventions, or works of authorship, or any other form of intellectual property conceived or developed by Scale or its licensors (a) prior to the Hackathon, and (b) independent of the Hackathon. 

10. Limitation of Liability

To the fullest extent permitted by law, in no event will Scale be liable to you for any indirect, incidental, special, consequential, or punitive damages in connection with the Hackathon, even if notified orally or in writing of the possibility of such damage. To the fullest extent permitted by law, the aggregate liability of Scale to you for all claims arising out of or relating to this Agreement, whether in contract, tort, or otherwise, is limited to the Hackathon registration fees, if any, paid by you and actually received by Scale for the Hackathon giving rise to the liability. 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.

Each provision of these Event Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Event Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Event Terms. The limitations in this Section 8 will apply even if any limited remedy fails of its essential purpose.

11. Indemnification. You agree to defend, indemnify, and hold harmless us and our respective affiliates, directors, officers, employees, suppliers, vendors and agents from and against any and all claims or demands, including reasonable attorneys' fees, arising out of or connected to your attendance at the Hackathon or your violation of these Event Terms, applicable law, or any proprietary or privacy right of any other person attending the Hackathon.

12. Force Majeure. In the event that we are prevented from carrying out our obligations as a result of any cause beyond our control (including without limitation acts of God, changes in applicable law, war, acts of terrorism, disease or pandemic, airline flight cancellations, strikes, lock-outs, or failure of third parties to deliver goods and services) we will be relieved of our obligations for as long as such cause preventing our performance persists.

13. Governing Law; Venue. These Event Terms are governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Any action arising out of or relating to these Event Terms must be filed in the state or federal courts for San Francisco County, California, USA, and you hereby consent and submit to the exclusive personal jurisdiction and venue of these courts for the purposes of litigating any such action.

14. Miscellaneous

These Event Terms constitute the entire agreement between us and you with respect to the Hackathon and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and us with respect to the Hackathon. If any provision of these Event Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Event Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.

A provision of these Event Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or provision of these Event Terms will not constitute a waiver of such right or provision.

Scale Event Guidelines

Purpose: 

In order to keep Hackathon community a safe place for connection and the sharing of mutual interests and to be inclusive to the largest number of contributors, with the most varied and diverse backgrounds possible, we ask that you read and adhere to our community guidelines listed below. As such, we are committed to providing a friendly, safe and welcoming environment for all, regardless of gender, sexual orientation, ability, ethnicity, socioeconomic status and religion (or lack thereof).

We invite all those who participate in our events to help us create safe and positive experiences for everyone.

Please do:

• Share helpful, appropriate, and relevant content

• Be kind and treat others online as you would treat them in real life.

• Respect the personal information and privacy of other community members

• Be tolerant towards others viewpoints even if they do not align with your own

• Be mindful of your surroundings and of your fellow participants. Alert community leaders if you notice a dangerous situation, someone in distress, or violations of these Event Guidelines, even if they seem inconsequential.

Please do not:

• Make personal attacks on other community members

• Use defamatory remarks or make false statements against others

• Post prejudiced comments or profanity

• Bully or make inflammatory remarks to other community members

• Spam or share promotional content related to products or services

• Use demeaning, discriminatory, or harassing behavior and speech

Consequences of Unacceptable Behavior:

Unacceptable behavior from any community member, including sponsors and those with decision-making authority, will not be tolerated. Anyone asked to stop unacceptable behavior is expected to comply immediately.

If a community member engages in unacceptable behavior, the community organizers may take any action they deem appropriate, up to and including a temporary ban or permanent expulsion from the Hackathon or community without warning (and without refund in the case of a paid event).

Reporting: 

Please report any violations of the Event Guidelines to events@scale.com.

These Event Guidelines are distributed under Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license, and were adapted from the following open resources:

• The Berlin Code of Conduct, licensed under a Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license.