Terms & Conditions

The following Membership terms and conditions (Membership Terms) govern access to, and use (as a Member) of A-Kon®, a Phoenix Entertainment Media Group, LLC (herein referred to as “Phoenix Entertainment”) event.

By selecting “I agree to the Terms and Conditions” when purchasing a membership, you will be deemed to have agreed to the Membership Terms and a legally binding contract, incorporating those Membership Terms, will then exist between you and Phoenix Entertainment in relation to your use of the services, websites, social media and other community sites operated by A-Kon®.

If you agree to be bound by the Membership Terms on behalf of a third party (which may include your employer, group, school or other entity) named in the details you provide before completing the purchase of one or more memberships, you represent and warrant that you have full legal authority to bind that third party to the Membership Terms.

Membership Terms and Conditions

  1. Definitions

    In these Membership Terms:

    • Buyer means a Member who buys a product or membership made available for sale on the Sites.
    • Member means a person who signs up as a Member by creating an account, purchasing a membership and accepting these Membership Terms and Conditions.
    • Payment Agent means any payment agent or method approved by Phoenix Entertainment.
    • Sites means all community member sites and services specifically owned and/or operated by Phoenix Entertainment or its affiliates, directors, officers, employees and agents.
    • Events means all convention and conference events owned and operated by Phoenix Entertainment or its affiliates, directors, officers, employees and agents.
    • In these Membership Terms, a reference to “we” or “us” means Phoenix Entertainment and a reference to “you” or “your” means a Member.
  2. Membership

    Memberships are available to individuals of all ages; however, memberships for individuals under 18 years of age will require a parent or legal guardian to be present to purchase and pick-up on site.

    You do not have an automatic entitlement to Membership and Phoenix Entertainment may, at its sole discretion, elect to:

    • Refuse your request to become a Member; or
    • Once Membership is granted, suspend, terminate or restrict your Membership at any time.
    • Phoenix Entertainment is not obligated to give reasons for any decision it makes to suspend, terminate or restrict your Membership or to reject your request to become a Member.

    Your Membership may be assigned, given or gifted to another individual any time prior to the scheduled event for which it is valid via our Registration portal. Assigning or gifting your membership in this way permanently transfers it to a new owner and it will no longer be redeemable by the original purchaser. Additionally, any membership that is re-assigned or gifted in this way becomes ineligible for refund at the time it is reassigned or gifted.

    Once Membership is granted you will be eligible to claim your badge and other registration benefits during the scheduled event, as well as, attend any events member restricted programming at A-Kon®. Note that some events may also be age restricted or require a form of photo ID.

    You must not allow any third party to access A-Kon® or any included exclusive programming using your membership and/or make use of the membership on your behalf.

    You must notify Phoenix Entertainment in writing as soon as you become aware of any unauthorized use of your membership.
    Written notification may be submitted via email to abuse@a-kon.com.

    You acknowledge and agree that you are liable for, and will indemnify Phoenix Entertainment, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, your membership.

  3. Benefits conferred by Membership

    By being registered as a Member you are, subject to these Membership Terms, entitled to:

    • Attend all membership restricted programming at A-Kon®
    • Purchase additional access to special exclusive events at A-Kon®
    • Receipt of member materials which may include a program book, your convention membership badge and a goody bag that contains assorted freebies, fliers, toys, etc.
    • Participate in online forums, social media and other community member sites provided by Phoenix Entertainment
  4. Identification Release

    You acknowledge and agree that Phoenix Entertainment reserves the right to validate identity at any time during the Events by requiring you to produce a photo ID. In cases where the membership is being used by a minor (or persons under the age of 18), a parent or guardian will be required to provide a valid photo ID and proof of guardianship.

    In such instances where participation in the events require or allow the use of costumes or other obstructions, you may be required to remove any costume or related facial obstructions where it makes it difficult to establish an identity match with your valid photo ID.

  5. Photo and Press Release

    You agree and consent to Phoenix Entertainment, its representatives, employees and contractors the right to take photographs and use likenesses of you and your property in connection with A-Kon® and other events owned or managed by Phoenix Entertainment. Further, you authorize Phoenix Entertainment Media Group, LLC, its assignees and transferees to copyright, use and publish the same in print and/or electronically.

    You agree that Phoenix Entertainment may use such photographs and/or likenesses of you with or without your name and for any lawful purpose, including, for example, such purposes as publicity, illustration, advertising, and Web content.

    You further agree that the rights of this release granted to Phoenix Entertainment extended to any child or minor, under the age of 18, for whom you are the legal guardian, representative or parent thereof.

  6. Availability and Use of the Community Member Sites and Services

    All Sites will usually be available 24 hours a day, seven days a week or as otherwise stated on each respective site. Phoenix Entertainment may, in its absolute discretion, and for any reason, and at any time, with or without notice:

    • Interrupt or suspend your right to access the whole or any part of the Sites; and/or
    • Alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Sites.
    • You agree that Phoenix Entertainment will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.

    When accessing the Sites (as a Member or non-Member) and using the content and/or the services available on the Sites, you must also comply with any directions, instructions or protocols posted on the Sites from time to time.

  7. Fees and Services

    The cost of a membership is detailed on the A-Kon® registration link found on our website at http://www.a-kon.com.

    You are responsible for paying all fees and taxes (including withholding tax), associated with your membership wherever levied (including any service charges or value added taxes, which will be added to amount billed to you, if applicable).

    All prices on the Sites are expressed in US Dollars which is the currency of the United States of America. Payment will be made in US currency and accordance with the rules of the applicable Payment Agent. The Buyer is responsible for all costs of currency conversion from his or her preferred currency to the US Dollar.

  8. Refunds

    Refunds may be requested, in writing, on or before April 30th. A refund request will be deemed to have been given on the date of delivery (when it is received by Phoenix Entertainment). Refund requests may be sent to us at any of the following addresses:

    Email Address: registration@a-kon.com

    Mailing Address:
    3000 Custer Rd., Ste 270-337
    Plano, TX 75075

    All refund requests must include the following information:

    • Badge recipient’s full name
    • Badge recipient’s full address (including street address, city, state and zip code)
    • Badge recipient’s email address
    • Badge name
    • Approximate date of your order
    • Confirmation number from Phoenix Entertainment.
    • Name shown on front of the credit/debit card used to purchase membership (Note: please do not send the credit/debit card number)
    • Name of the person who actually made the original purchase
    • If purchased online, email address from which the purchase was made (could be different from the badge recipient’s email address)
    • Names, full address and email address for all persons included in the purchase (if more than 1 person on the purchase)
    • If more than 1 person was on the original order, the name and badge name of members to be refunded (note that partial refunds can be done if not all attendees are being refunded)

    Please allow a minimum of 4 weeks to process your request. Online purchases will be refunded to the credit card on file for the purchase.

    No refund requests will be accepted after April 30th.

  9. Membership Change of Ownership

    You may assign or gift your membership purchase to another individual. Membership changes are allowed once per membership and may be prohibited from any additional ownership changes beyond the first. Change of Ownership may be requested, in writing, on or before April 30th or reassigned via our registration portal any time prior to the scheduled event. A change request will be deemed to have been given on the date of delivery (when it is received by Phoenix Entertainment). Change requests may be sent to us at any of the following addresses:

    Email Address: registration@a-kon.com

    Mailing Address:
    3000 Custer Rd., Ste 270-337
    Plano, TX 75075

    All written change of ownership requests must include the following information:

    • Badge recipient’s full name
    • Badge recipient’s full address (including street address, city, state and zip code)
    • Badge recipient’s email address
    • Badge name
    • Approximate date of your order
    • Confirmation number from Phoenix Entertainment.
    • Name shown on front of the credit/debit card used to purchase membership (Note: please do not send the credit/debit card number)
    • Name of the person who actually made the original purchase
    • If purchased online, email address from which the purchase was made (could be different from the badge recipient’s email address)
    • Names, full address and email address for all persons included in the purchase (if more than 1 person on the purchase)
    • If more than 1 person was on the original order, the name and badge name of members to be refunded (note that partial refunds can be done if not all attendees are being refunded)

    Plus, the new owner information:

    • Badge recipient’s full name
    • Badge recipient’s full address (including street address, city, state and zip code)
    • Badge recipient’s email address
    • Badge name

    Please allow a minimum of 4 weeks to process your request.

    Membership Change of Ownership may only be requested once per membership and will render a membership ineligible for refund.

  10. Member Information

    When you want to become a Member and use the Sites, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete. Any Member Information that you disclose may be used by Phoenix Entertainment, its agent’s and contractors in relation to the provision of services, including marketing activities in relation to A-Kon® and its partners and affiliates.

  11. Proprietary Rights

    Phoenix Entertainment, its licensors, advertisers or affiliates own all:

    1. Content of all A-Kon® Sites and Events
    2. The look and feel, design and organization of the Sites and Events
    3. The compilation of the materials on the Sites and used in the Events
    4. The intellectual property rights (if any) subsisting in the works described in paragraphs (a), (b) and (c) above.

    Your use of the Sites does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Sites, or at the event, or any intellectual property rights subsisting in any of those things.

  12. Copyright & Trademark Claims

    Phoenix Entertainment respects the intellectual property rights of others and requires that you do the same.

    If you believe that a work of which you are the owner is infringed by Phoenix Entertainment has been copied or used in a way that constitutes copyright infringement, please forward all the following information in one document (Copyright Claim) to Phoenix Entertainment:

    • Your address, telephone number, and email address;
    • A description of the location of the alleged infringing material;
    • A description of the copyright work that has been allegedly infringed;
    • A statement by you, that you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf;
    • Your physical or valid electronic signature.

    On receipt of a Copyright Claim, Phoenix Entertainment will take the actions we consider necessary to manage the administration of the Copyright Claim.

  13. Trademarks

    The trademarks, logos, service marks, and trade names (collectively the Trademarks) displayed on the Sites and on premises are, unless otherwise stated, the registered and unregistered Trademarks of Phoenix Entertainment and others.

    A Trademark may not be used by you without the approval of its owner.

    Nothing contained on the Sites or on premise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without the written permission of its owner.

  14. Confidential Information and Privacy

    Phoenix Entertainment does not warrant or represent that your use of the Sites or disclosure of member information at the event will be confidential.

    Phoenix Entertainment is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Sites or disclosure of information at any official A-Kon® event.

    While Phoenix Entertainment has taken precautions to protect information that you disclose, Phoenix Entertainment does not warrant the security of that information. Once Phoenix Entertainment receives your transmission, Phoenix Entertainment will take reasonable steps to preserve the security of such information.

  15. Prohibited Conduct

    You warrant that while participating at any A-Kon® event, including the various services and features offered on or through the Sites, you will not:

    • Use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
    • Insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s or Event’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
    • Attempt to gain unauthorized access.

    You must not:

    • engage in “spidering”, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sites or the services offered on or through the Sites, including without limitation any information residing on any server or database connected to the Sites or the services offered on or through the Sites;
    • obtain or attempt to obtain unauthorized access to computer systems, materials or information through the Sites by any means;
    • use the Sites or the services made available on or through the Sites in any manner with the intent to interrupt, damage, disable, overburden, or impair the Sites or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
    • use the Sites, content or services offered on the Sites for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
    • use the Sites to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Sites;
    • use any mechanism, device software or script to affect the proper functioning of the Sites including taking any action which may infect the Sites with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
    • take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Sites or networks connected to the Sites;
    • use the Sites or the Sites’ services or features in violation of Phoenix Entertainment’s or any third party’s intellectual property or other proprietary or legal rights;
    • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites or the Sites’ services, or any content of the Sites or any of its domains, or make any unauthorized use of the Sites or the Sites’ services or any content of the Sites or any of the domains of the Sites; or
    • use the Sites or the Sites’ services in violation of any applicable law.

    You agree that you must not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites or any of its services.

    You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Sites.

    You further agree that you will abide by the official A-Kon® Anti-Harassment Policy.
    The most recent version of the public policy is located at the following URL: http://www.a-kon.com/Harassment-Policy

    Phoenix Entertainment reserves the right, in its absolute discretion, to determine whether or not your use of the Sites, content, or services available on the Sites or at any A-Kon® event complies with these Membership Terms.

    Any commercial or promotional distribution, publishing or exploitation of the Sites or Events, or any content, code, data or materials on the Sites or Events, is strictly prohibited unless you have received the express prior written permission from Phoenix Entertainment.

    Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Sites or at the Events.

  16. Disclaimer

    Phoenix Entertainment does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

    Except as provided for by the Non-excludable Rights:

    • All content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied;
    • Phoenix Entertainment and its partners or affiliates expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
    • Phoenix Entertainment does not warrant that the functions contained in any content, your access to the Sites, or any programming at the Events will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components; and
    • Phoenix Entertainment does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked websites) or Events, any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
    • Under no circumstances (including but not limited to any act or omission on the part of Phoenix Entertainment) will Phoenix Entertainment or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which result from any use or access of, or any inability to use or access, the Sites or Events.
  17. Indemnification and Release

    You are solely responsible (and agree that Phoenix Entertainment has no responsibility to you or to any third party for) for, and you agree to indemnify and hold harmless Phoenix Entertainment (as well as Phoenix Entertainment’s affiliates, directors, officers, employees, and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:

    • Your use of the Sites;
    • Your use of the Events and related programming;
    • Any products you purchase through the Sites;
    • Your breach of any applicable related third party contract or terms of service
    • Your breach of the law or of these Membership Terms.

    Phoenix Entertainment reserves the right, at its own expense, 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 Phoenix Entertainment’s defense of such claim.

  18. Changes to Membership Terms

    Phoenix Entertainment may, at its sole discretion, revise or change these Membership Terms (in whole or in part), the content of the Sites, or programming for the Events from time to time and at any time without notice to you.

    Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Sites. It is your responsibility to check for these notices.

    Your continued use of the Sites and/or the content or services made available by Phoenix Entertainment after any changes to the Membership Terms are posted will be considered acceptance of those changes.

  19. Relationship between the Parties

    Nothing in these Membership Terms constitutes a partnership between the parties; and except as expressly provided, makes their party an agent of another party for any purpose. A party cannot in any way or for any purpose bind another party; or contract in the name of another party. If a party must fulfill an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.

  20. Suspension or Termination

    Phoenix Entertainment may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:

    • you breach these Membership Terms or any other terms and conditions, agreements or governing rules;
    • Phoenix Entertainment is unable to verify or authenticate any information you provide to us when you initially sign up as a Member; or
    • Phoenix Entertainment believes that your actions may cause legal liability for you, our other Members or us.

    Should Phoenix Entertainment elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Sites or Events temporarily or permanently. In either case, you may not apply for a new Member account.

  21. Notices

    Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices.

    A notice will be deemed to have been given on the date of delivery.

  22. Applicable Laws

    If you make use of the Sites, or the Events, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided for in these Membership Terms, you may breach intellectual property laws (including copyright) and other state and federal laws of the United States of America and other countries and may be subject to liability for such unauthorized use.

    We control and operate the Sites from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

    The laws of the State of Texas, United States of America govern these Membership Terms. Each of Phoenix Entertainment and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Texas.