TERMS & CONDITIONS

Pollstar

Terms of Use

1.     Overview

These terms of use (“Terms of Use”) are entered into between you (“you” and “your”) and OVG Media & Conferences, LLC dba Pollstar (collectively, the “Company,” “we,” “us,” and “our”). The Terms of Use govern your conference registrations and your access to and use of the websites at www.pollstar.live/, production.pollstar.live/, and awards.pollstar.live/ and our mobile application(s), including any content, functionality and services offered on or through it (collectively the “Site”).

By using the Site or registering for a conference, you agree to be bound and abide by these Terms of Use. The Company may terminate your ability to use the Site or register for or attend a conference without notice if you do not comply with the Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Site or register for a conference.

The Company reserves the right to make changes to the Site and to the Terms of Use at any time.  All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

All Information the Company collects on or through the Site or via conferences is subject to our Privacy Notice posted at the Site here[ 1] .  By using the Site or registering for a conference, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms of Use.  To the extent there is a conflict, the Terms of Use supersede the Privacy Notice.  Capitalized terms in these Terms of Use that are not defined in it have the meaning given to them in the Privacy Notice.

All Site Content (as defined below) is current as of the date it is posted on the Site to the best of the Company‘s knowledge.

2.     Intellectual Property

          2.1.   The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of the Company or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.

The Company’s name and related logos are trademarks and service marks (“Marks”) of the Company. The Company Marks may not be used without advance written permission of the Company, including in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents the Company. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.

          2.2.   All rights in all presentations, documentation and materials published or otherwise made available as part of a conference (including but not limited to any documentation packs or audio or audio-visual recording of a conference) (“Conference Content”) are owned by us or are included with the permission of the owner of the rights.

          2.3.   By registering for a conference, you agree that you (and/or your attendees) may appear in videos or photographs (“Media”) at taken at such conference and related events, that we have a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license in the Media to reproduce, prepare derivative works of, publicly display, publicly perform, and distribute the Media and such derivative works, and to sublicense any or all of the foregoing rights to third parties, including the use of your likeness in connection therewith and the right to display the Media on our website, marketing materials and any relevant third-party websites.  You agree that we shall not be liable for, and you shall not be due, any fees, costs, expenses or additional compensation in connection with our use of your likeness.

          2.4.   To the extent that any Conference Content is made available by us online, we reserve the right to suspend or remove access to such Conference Content at any time.

          2.5.   The Conference Content does not necessarily reflect our views or opinions, and reflects only the views or opinions of the applicable speaker or presenter.

If you believe that any Conference Content or Site Content violates your intellectual property rights, please notify the Company as described in Section 22.

3.     Limited License And Prohibited Uses

          3.1.   Site Content. The Company grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content in the United States (excluding software code) only for your personal use in connection with viewing and using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of the Company is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not:

          ●      Use the Site in any way that violates any applicable law or regulation.

          ●      Use the Site for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.

          ●      Send, knowingly receive, upload, download, use or re-use any material that does not comply with the Terms of Use.

          ●      Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any     other similar solicitation.

          ●      Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

          ●      Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or users of the Site or expose them to liability.

          ●      Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

           ●      Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

           ●      Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without the Company’s prior written consent.

           ●      Use any device, software, or routine that interferes with the proper working of the Site.

           ●      Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.

           ●      Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

           ●      Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

           ●      Otherwise attempt to interfere with the proper working of the Site.

3.2.   Conference Content.  No (i) photography, filming or recording; or (ii) republication, broadcast or other dissemination of the Conference Content is permitted by you. Without our prior written consent, you shall not distribute, reproduce, modify, store, transfer or in any other way use any of the Conference Content (provided that use by the relevant attendee for internal business purposes shall be permitted), and in particular (but without limitation) you shall not (and shall ensure that each of your attendees shall not):

          ●       upload any Conference Content into any shared system;

          ●       include any Conference Content in a database;

          ●       include any Conference Content in a website or on any intranet transmit, re-circulate or otherwise make available any Conference Content to anyone else;

          ●       make any commercial use of the Conference Content whatsoever; or

          ●       use Conference Content in any way that might infringe third party rights or that may bring us or any of our affiliates into disrepute.

4.     Account Registration

To access the Site and/or to register for a conference, you may be asked to provide registration details or other Information.  It is a condition of your use of the Site and conference registration that all Information you provide is complete, current, and accurate. All Information you provide to register with the Site, a conference, or otherwise is governed by our Privacy Notice, and you consent to all actions the Company takes with respect to your Information consistent with our Privacy Notice.

5.     Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify the Company immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. The Company reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in the Company’s opinion, you have violated any provision of these Terms of Use.

6.     Third Party Content

This Site and conferences may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of the Company. The Company is not responsible for the content or accuracy of any materials provided by any third parties.

7.     Links To Other Websites

The Company may provide links to external websites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. The Company does not control those websites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access any third party sites linked from this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such sites.

8.     Conference Bookings and Attendance

          8.1.   All applications to register for a conference are subject to availability and your full payment, as applicable.

          8.2.   Passes (including, without limitation, digital registration credentials) issued for use at a conference are valid for named attendee only and, subject to clause 10.2 below, cannot be transferred. You may be asked for photographic ID during the on-site portion of a conference, and if you are unable to provide such identification which matches your pass you may be asked to leave such conference. Registration badges must be worn at all times during on-site portions of the conference.

          8.3.   By registering for a conference, you agree to abide by all fire, safety and health regulations of the municipality, state, conference hotels and convention centers (as applicable) where such conference is held and/or any and all policies related to your participation in any electronic, virtual, or similar presentation of such conference or other online activity. All attendees shall comply with applicable federal, state and local ordinances, as well as our policies and procedures. Attendees who violate such rules and/or who behave in an unsafe or offensive manner while attending a conference, in person or virtually may be asked to leave immediately; we shall have no liability in connection with the removal of such attendees and no refunds shall be due in connection with such removal. You acknowledge and agree that all attendees of a conference have the right to enjoy such conference equally. Illegal or disruptive behavior that interferes with the conduct of reasonable business at a conference, or any other attendee’s safety or comfort, including behavior that impedes or prevents accessibility services or requests, behavior that discriminates based on age, disability, race, ethnicity, gender, religion, political or institutional affiliation, or sexual orientation, or harassment of any kind, is strictly prohibited and may result, in our sole discretion, in an attendee being removed from a conference and barred from returning without refund. Further, you acknowledge that such violations may be reported to legal authorities.

          8.4.   We are committed to making all reasonable arrangements that will allow attendees with disabilities to participate in the on-site portion of conferences. Attendees who require onsite assistance during a conference should request it from personnel at our registration area.

          8.5.   By registering for a conference, you agree that we may publish on our website the company name you submit with your registration in connection with our marketing for such conference. If you do not wish to have your company name published, please contact us at events@oakviewgroup.com.

9.     Prices and Payment

          9.1.   For conferences that require payment, our prices for attending any such conference are set out on the relevant registration booking form or the relevant purchase order form or can otherwise be obtained from us upon request or from our website. Prices may be subject to change from time to time.

          9.2.   For conferences that require payment, such payment in full is due immediately upon registration for such conference through our registration and payment system. Forms of payment acceptable to us shall be set forth on our registration page.

          9.3.   If for any reason we have not received an applicable payment in full by the date of a conference, you (or the attendee) will be asked as a condition of being allowed to attend such conference to provide payment by credit card on the day of such conference. We reserve the right to cancel your booking at any time if payment is not made.

10.  Changes to the Conference and Cancellations

          10.1. It may be necessary for us to alter the programming, date(s), time and/or location of a conference or the advertised speakers. We reserve the right to do this at any time, and shall have no liability or responsibility for any such changes, nor shall any such changes entitle you to a partial or full refund of registration fees. Where we alter the date(s), time and/or location of a conference, we will provide you with notice of the same and will offer you the choice of either a credit for a future event of our choice, up to the value of amounts paid by you with respect to such conference), or the opportunity to attend such conference as modified.

         10.2. If you are unable to attend a conference we welcome substitute attendees attending in your place at no extra cost provided that we have at least 2 days prior notice of the name of your proposed substitute and have received payment in full. Please notify us of any substitutions by email at: events@oakviewgroup.com.

          10.3. No refunds will be given due to any cancellations or non-attendance, provided that if you have to cancel and provide us notice no less than forty-eight (48) hours prior to the start of a conference, at our sole discretion, we may be able to provide you with a credit for the following year’s conference.

11.  User Contribution

The Site may contain sections that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials ("User Contributions") on or through the Site or to the Company directly.

All User Contributions must comply with the content standards set out below.

Any User Contribution you post to the Site or made available to the Company will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or to the Company, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

          ●      You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.

          ●      All of your User Contributions do and will comply with these Terms of Use.

          ●      You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

12.  Children’s Data.  

This Site is not intended for children under 16 years of age. The Company does not knowingly collect Information from children under 16. If you are under 16, do not use this Site or provide any Information about yourself to the Company, including your name, address, telephone number or email address.

13.  Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONDUCTING TRANSACTIONS RELATED TO IT, INCLUDING CONFERENCE REGISTRATION AND ATTENDANCE, ARE AT YOUR SOLE RISK. WHILE THE COMPANY ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE AND AT CONFERENCES, THE SITE AND CONFERENCES ARE PROVIDED ON AN “AS-IS” BASIS.  THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THE CONFERENCES, THE SITE, OR ANY OTHER SITE TO WHICH THE SITE IS LINKED. TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

SUGGESTIONS OR ADVICE CONTAINED IN CONFERENCE CONTENT OR ON THE SITE SHOULD NOT BE RELIED UPON IN PLACE OF PROFESSIONAL OR OTHER ADVICE. WHILE WE TAKE REASONABLE CARE TO ENSURE THAT THE CONFERENCE CONTENT CREATED BY US IS ACCURATE AND COMPLETE, SOME OF IT IS SUPPLIED BY THIRD PARTIES AND WE ARE UNABLE TO CHECK ITS ACCURACY OR COMPLETENESS. YOU SHOULD VERIFY THE ACCURACY OF ANY INFORMATION (WHETHER SUPPLIED BY US OR THIRD PARTIES) BEFORE RELYING ON IT.

14.  Limitation of Liability

THE COMPANY, ITS DIRECTORS, AFFILIATES AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR CONFERENCE REGISTRATION OR ATTENDANCE, THE USE OF THIS SITE, OR THE USE OF ANY SITE FOR WHICH THIS SITE PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE SITE. THE COMPANY WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

THE COMPANY’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR CONFERENCE REGISTRATIONS,  CONFERENCE ATTENDANCE OR USE OF THE SITE OR ITS CONTENT, WILL NOT EXCEED $100.

15.  Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third party claims, expenses and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, your use of the Site, or your conference registrations or attendance including, but not limited to, your  content, any use of the Site Content, Conference Content, services, and products other than as expressly authorized in these Terms of Use.

16.  Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE, OR YOUR CONFERENCE REGISTRATIONS OR ATTENDANCE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17.  Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.

18.  Waiver And Severability

No waiver by the Company of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

19.  Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and the Company with respect to the Site and conferences and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and conferences.

20.  Term and Termination

These Terms of Use will remain in full force and effect while you use the Site and/or register for or attend conferences. Even after you are no longer a user of the Site or a conference registrant, those provisions of these Terms that by their nature are intended to survive will remain binding on you, including Sections 1-3, 5, 12-22 and the Privacy Notice.

You agree that the Company, in its sole discretion, may suspend or terminate any conference registrations, account, or your access to the Site (or any part thereof) or conference for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. 

21.  Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of California will govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms of Use shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Los Angeles County, California.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. Any arbitration award may be entered in a court of competent jurisdiction.

22.  Communications and Contact Information

The Company may contact you regarding these Terms of Use or the Privacy Notice using any contact Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from the Company, you can click on the “unsubscribe link” provided in such communications or contact us at privacy@oakviewgroup.com.

For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms of Use, and the Privacy Notice, please contact us at privacy@oakviewgroup.com or by mail at:

OVG Media & Conferences, LLC

ATTN: Legal Department

5050 South Syracuse St

Eighth Floor

Denver, CO 80237
 

EFFECTIVE DATE: June 24, 2024