Terms of Use

B. PHL Website Terms of Use
Welcome to the website of the B. PHL innovation festival (“B. PHL”).  Independence Blue Cross, LLC (“we” or “Company”) owns and operates the website BPHLfest.com and related mobile applications (collectively, the “Site”). The Site is designed to make it easier for visitors to learn about B. PHL and obtain general information regarding the B. PHL innovation festival. When users access the Site, they are using a service provided by Company, a condition of which is the user’s agreement to be bound by these Website Terms of Use (the “Website Terms of Use”).
By visiting the Site and/or accessing, viewing or using the material on the Site, you indicate that you understand and agree to be bound by the Website Terms of Use as well as by the B. PHL Privacy Policy (the “Privacy Policy”). If you do not wish to be bound by the Website Terms of Use, the Privacy Policy, or any other policies or procedures posted on the Site (all of which are incorporated herein by reference), you should immediately terminate your connection to the Site.

  1. Website Terms of Use of Use
    The Website Terms of Use may be updated by us at any time and without notice. Unless stated otherwise, changes will be effective when they are posted. You can review the most current version of the Website Terms of Use at any time by clicking on the link entitled Legal located on the B. PHL home page – BPHLFest.com. In the event of a conflict between the provisions of the Website Terms of Use and any agreement, the Website Terms of Use shall govern with respect to your access to and use of the Site and participation at B. PHL.

    BY “CLICK ACCEPTING” THESE WEBSITE TERMS OF USE, OR BY ACCESSING OR USING THE SITE OR SERVICES (INCLUDING BY COMPLETING A TRANSACTION), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THESE WEBSITE TERMS OF USE.

  2. No Legal Advice
    Nothing contained, expressed, or implied in the Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is created between Company and you by reason of your use of the Site or under any circumstances. If you have questions about any law, statute, regulation, or requirement referenced in the Site, you should contact your own legal counsel.
  3. Privacy Policy
    Information that you provide to Company through the Site is subject to the Privacy Policy.  You can review the most current version of the Privacy Policy at any time by clicking on the link entitled Privacy Policy located on each page of the Site.
  4. Your Information
    Company handles your information in accordance with the Privacy Policy.
    By participating in B. PHL, you grant permission and consent to Company to photograph, video record, or audio record you. You agree that Company may derive information from recordings of your voice and images of your face and retain and use all resulting information.
  5. License to Use Materials
    You grant Company, its affiliates, and its independent contractors the right to record, film, photograph, and capture your voice and image in any media at B. PHL (the “Items”). By attending B. PHL, you grant to Company and its affiliates, agents, employees, and assigns an irrevocable, sublicensable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, and distribute, for any purpose relating to B. PHL, 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”). Company 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. Furthermore, you authorize and consent to the use of your name, image, likeness, and voice in the Items for all Materials or any other purposes related to B. PHL deemed appropriate by Company. 
  6. Assumption of Risk
    You acknowledge and agree that your attendance and participation in B. PHL is voluntary, and you understand the nature of B. PHL. To the maximum extent permitted by law, you agree that you solely assume the risks associated with attending and participating in B. PHL.
  7. Rules of Conduct
    You must comply with all applicable laws, rules and regulations while accessing or using the Site and/or attending B. PHL.  In addition, we expect users to respect the rights and dignity of others. Your use of the Site and/or attendance at B. PHL is conditioned upon your compliance with the rules set forth in this section.  You must not:

    Post, transmit, or otherwise make available, through or in connection with the Site or B. PHL, (a) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) related to alcohol, wagering, gambling, tobacco products, ammunition or firearms; (b) anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (d) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or (e) any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.

    Use the Site or B. PHL to advertise or offer to sell or buy any goods or services.

    License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any purposes the Site or items related to B. PHL or any access to or use of the Site.

  8. Hold Harmless
    You agree to release and hold Company and its subsidiaries and affiliates, and all of their directors, officers, agents, principals or other partners, and employees, harmless from any claims, demands, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of these Website Terms of Use, and/or your violation of law.
  9. General Practices Regarding Use and Storage
    You acknowledge that Company may establish general practices and limits concerning use of the Site. You further acknowledge that Company reserves the right to change its general practices at any time, in its sole discretion, with or without notice.
  10. Modifications to BPHLFest.com
    Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or the portals.
  11. Termination
    You agree that Company, in its sole discretion, may terminate your password, user identification (or any part thereof), or use of the Site for any reason, including, without limitation, if Company believes that you have violated or acted inconsistently with the letter or spirit of the Website Terms of Use. You agree that any termination of your access to the Site under any provision of the Website Terms of Use may be affected without prior notice and acknowledge and agree that Company may immediately deactivate or delete your password and user identification and any electronic access to information in your account and/or bar any further access to such files or the Site. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Site.
  12. Links to Other Websites
    Company occasionally provides links to other entities on the Site for your convenience in locating information, services, and products. Please be advised that when you link to these other websites, you are leaving the Site, and that these websites are maintained by organizations that Company does not control.  Accordingly, a link does not constitute endorsement of the content, viewpoint, policies, products, or services provided or advertised on that website. Once you link to a website not maintained by Company, you are subject to the terms and conditions of that website, including, but not limited to its privacy policy.  Company does not guarantee that you will receive an alert that you are leaving the Site and linking to a third-party website. It is your responsibility to determine when you have left the Site. We recommend that you read the policies and procedures (including the privacy policy) of the websites of third parties that you access.  Because Company has no control over such websites, you acknowledge and agree that Company is not responsible or liable for any content, advertising, products, or other materials on or available from such websites. You further acknowledge and agree that Company will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website.
  13. Submission of Information
    Information submitted through the Site may be accessed and used by Company or a Company service provider in accordance with the Privacy Policy and the policies of those third-party service providers. Although Company and Company’s service providers, including Eventbrite, each take steps to protect the electronic transmission of credit card numbers or other financial information or personally identifiable information (“Financial Information”) that you submit through their websites, you understand and agree there is inherent risk in sharing your information via the internet. Please review the Website Terms of Use and privacy policy of any third party to which you are providing Financial Information and other personal identifying information, including Eventbrite.

    Other than the Financial Information, and as specifically requested otherwise, do not send any confidential or proprietary information through the Site. If you choose to share other information with Company, it will be deemed NOT to be confidential (“Non-Confidential Information”). For any Non-Confidential Information (including Submissions described below) you send, post or submit, you grant Company and its affiliates, successors, and assigns an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, create derivative works from, transmit and distribute the Non-Confidential Information, and agree that Company is free to use any ideas, concepts, know-how or techniques that you send Company for any purpose and in any manner whatsoever without compensation to you or any other person sending the Non-Confidential Information. You represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Company or its affiliates, successors or assigns, will not infringe or violate the rights of any third party. If you submit personally identifiable information via the Site, Company will treat it in accordance with the Privacy Policy found on the homepage of the Site.

    Company welcomes your feedback and suggestions about how to improve B. PHL and the Site, as well as any products or services offered in connection with the Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through the Site shall be considered Non-Confidential Information.|

    You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

  14. Proprietary Rights
    You acknowledge and agree that the Site, and any necessary software used in connection with the Site, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content (including images, text, and the “look and feel” attributes) presented to you through the Site is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. Except as expressly authorized by Company in writing, you agree not to modify, copy, rent, lease, loan, sell, distribute, or create derivative works based on the Site, in whole or in part. Company grants you a personal, nontransferable, and nonexclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse-engineer, reverse-assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to obtain access to the Site by any means other than through the interface that is provided by Company.
  15. Disclaimer of Warranties
    You expressly understand and agree that:

    1. Your use of the Site is at your sole risk. The service is provided on an “as is” and “as available” basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    2. Company makes no warranty that (1) the Site will meet your requirements, (2) the Site will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Site will be accurate or reliable, (4) any errors in the Site will be corrected.
    3. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
    4. No advice or information, whether oral or written, obtained by you from Company or through or from the Site shall create any warranty not expressly stated in the Website Terms of Use.
  16. Limitation of Liability
    You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the site and/or portal; (2) unauthorized access to or alteration of your transmissions or data; (3) statements or conduct of any third party on the site and/or the portals; or (4) any other matter relating to the site and/or the portals. some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this Section 15 may not apply to you.
  17. Notice
    We may notify you regarding the use of the Site via either email or regular mail. The Site may also provide notices of changes to the Website Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.
  18. Trademark Information
    All trademarks, service marks, and logos are proprietary to Company or third parties. Use or misuse of these trademarks is expressly prohibited and may violate federal and/or state trademark law. Without prior written permission of the owner, you agree not to display or use in any manner, the trademarks, service marks, and logos found on the Site. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site. Company enforces its intellectual property rights to the fullest extent of the law.
  19. International Users
    The Site can be accessed from countries around the world. The Site is controlled, operated, and administered by Company from its offices within the United States of America.  Access to the Site from territories where the Site and/or services are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws, including but not limited to the export control laws.
  20. General Information
    The Website Terms of Use (together with the Privacy Policy) constitute the entire agreement between you and Company governing your use of the Site, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use portions of the Site that require login credentials or affiliated sites. The Website Terms of Use and the relationship between you and Company regarding use of the Site will be governed by the laws of the Commonwealth of Pennsylvania, without reference to its choice of law rules. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within Philadelphia, Pennsylvania for the resolution of any claims arising hereunder. The failure of Company to exercise or enforce any right or provision of the Website Terms of Use does not constitute a waiver of such right or provision. If any provision of the Website Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to Company’s intentions as reflected in the provision and that the other provisions of the Website Terms of Use shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Website Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
  21. Headings
    The section titles in the Website Terms of Use are for convenience only and have no legal or contractual effect.
  22. Copyright
    Copyright © 2019, Independence Blue Cross, LLC.  ALL RIGHTS RESERVED.
    All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Company and protected by United States and international copyright laws. All software used on the Site is the property of Company or its software suppliers and protected by United States and international copyright laws.  You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.
  23. Copyright Complaints
    Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@bphlfest.com.
  24. Assignment
    Company may assign its rights and duties under these Website Terms of Use to any party at any time without notice to you.
  25. Questions and feedback
    We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to info@bphlfest.com.

Updated: September 12, 2019