Terms & Conditions
- INTRODUCTION
1.1 The annual Pollstar Live!, Production Live and Pollstar Awards events (including any related digital/virtual events) (the “Pollstar Live Conference”) and all other digital/virtual and in-person Pollstar conferences and events occurring from time to time (each, a “Conference”) are organized and managed by OVG Media & Conferences, LLC, a Delaware limited liability company, d/b/a Pollstar (“Pollstar”). The use of the Pollstar and Oak View Group, LLC (collectively, “we,” “us,” “our”) website with pages located at www.pollstar.live/, production.pollstar.live/, and awards.pollstar.live/, and any related apps that we may provide, together with all products and services we may offer from time to time via our website and/or apps (the website, apps, products and services, collectively, the “Services”) are subject to these terms and conditions (the “Terms and Conditions”) and the terms and conditions and privacy policy of any third party applications or technology used in the provision of the Services.
1.2 Reference to “you” means the individual or entity using the Services or completing a booking/registration request and references to “your” shall be construed accordingly.
1.3 All applications to register for a Conference are made subject to these Terms & Conditions (which shall apply to the exclusion of any terms imposed by you) and the terms and conditions and privacy policy of any applicable third party applications.
1.4 We reserve the right to render, in our sole and absolute discretion, all interpretations and decisions in connection with these Terms and Conditions and to establish further rules or regulations binding upon attendees as may be deemed necessary to the general success and wellbeing of a Conference and/or any persons affiliated therewith. Our decisions and interpretations with respect to these Terms and Conditions and any such rules and regulations shall be final in all cases.
1.5 We reserve the right, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms and Conditions periodically for changes.
2. BOOKINGS AND ATTENDANCE
2.1 All applications to register for a Conference are subject to availability and your making full payment, as applicable.
2.2 Passes (including, without limitation, digital registration credentials) issued for use at a Conference are valid for named attendee only and, subject to clause 3.2 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.
2.3 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.
2.4 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.
2.5 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 [email protected].
3. PRICES AND PAYMENT
3.1 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.
3.2 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.
3.3 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.
4. CHANGES TO THE CONFERENCE AND CANCELLATIONS
4.1 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.
4.2 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: [email protected].
4.3 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.
5. CONTENT
5.1 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) (“Content”) are owned by us or are included with the permission of the owner of the rights. No (i) photography, filming or recording; or (ii) republication, broadcast or other dissemination of the 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 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):
5.1.1 upload any Content into any shared system;
5.1.2 include any Content in a database;
5.1.3 include any Content in a website or on any intranet;
5.1.4 transmit, re-circulate or otherwise make available any Content to anyone else;
5.1.5 make any commercial use of the Content whatsoever; or
5.1.6 use Content in any way that might infringe third party rights or that may bring us or any of our affiliates into disrepute.
5.2 The Content does not necessarily reflect our views or opinions, and reflects only the views or opinions of the applicable speaker or presenter.
5.3 Suggestions or advice contained in the Content should not be relied upon in place of professional or other advice. While we take reasonable care to ensure that the 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. The Content, both that provided from us and from third parties, is provided on an “AS IS” basis without any warranties of any kind (express or implied). We hereby exclude to the fullest extent permitted by law all liabilities, costs, claims, damages, losses and/or expenses arising from any inaccuracy or omission in the Content or arising from any infringing, defamatory or otherwise unlawful material in the Content.
5.4 To the extent that any Content is made available by us online we reserve the right to suspend or remove access to such Content at any time.
5.5 By attending a Conference you accept and agree that you (and/or your attendees) may appear in videos or photographs at such Conference, and that we own the right to use these photographs or videos on our website, marketing materials and any relevant third-party websites, that we have a right to use your likeness in connection therewith, and 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 as set forth in this Section 5.5.
6. LIABILITY
6.1 Subject to Section 6.4, our aggregate liability to you, whether such liability arises in contract, tort (including negligence) or otherwise, for any damages, loss, costs, claims or expenses of any kind howsoever arising, out of in connection with any booking (or requested booking) made by you or otherwise in relation to a Conference, shall be limited to the price paid by you with respect to your booking to attend such Conference.
6.2 Subject to Section 6.4, we shall not be liable to you for (i) any loss of profit, loss of or damage to data, loss of anticipated savings or interest, loss of or damage to reputation or goodwill or; (ii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind.
6.3 You agree to indemnify us, our staff and our affiliates and to hold us harmless to the fullest extent permitted by law, against all loss, costs, claims or expenses of any kind arising from any act or omission by you (including your attendees) during or otherwise in relation to a Conference, including, without limitation, violations described in Section 2.3.
6.4 Nothing in this these Terms and Conditions shall limit or exclude either party’s liability for:
6.4.1 death or personal injury caused by that party’s negligence, or the negligence of that party’s employees, agents or subcontractors;
6.4.2 fraud or fraudulent misrepresentation; or
6.4.3 any other liability which cannot be limited or excluded by applicable law.
7. GENERAL
7.1 These Terms and Conditions (together with any documents referred to herein or required to be entered into pursuant to these Terms and Conditions) contain the entire agreement and understanding between us and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these Terms and Conditions and any such document.
7.2 You acknowledge that in registering to attend a Conference you have not relied on, and shall have no remedy with respect to, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these Terms and Conditions, including, without limitation, the identities of any speakers, or other persons or companies attending such Conference.
7.3 These Terms and Conditions shall not create, nor shall they be construed as creating, any partnership or agency relationship between us.
7.4 You accept that communication with us may be electronic. We may contact you by e-mail or provide you with information by posting notices on our website. You agree to this electronic means of communication and you acknowledge that all such communications that we provide to you electronically comply with any legal or contractual requirement that such communication be made in writing.
7.5 Save as set out in Section 4.2 you are not permitted to re-sell, transfer, assign or otherwise dispose of any of your rights or obligations arising under these Terms and Conditions.
7.6 These Terms and Conditions and the rights and obligations of both parties shall be governed by, and construed in accordance with, the laws of the State of California and both parties irrevocably agree to submit to the exclusive jurisdiction of the courts of Los Angeles County, California with respect to any dispute which arises hereunder.