These terms of use (“Terms of Use”) are entered into between you (“you” and “your”) and Oak View Group, LLC 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. 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.
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.
If you believe that any Conference Content or Site Content violates your intellectual property rights, please notify the Company as described in Section 22.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not:
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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
11755 Wilshire Blvd. 9th Floor
Los Angeles, CA 90025
EFFECTIVE DATE: April 21, 2022
©Pollstar c/o Oak View Group, LLC
11755 Wilshire Blvd, Suite 900
Los Angeles, CA 90025
All rights reserved.