Effective Date: October 11, 2018
- Content Ownership; Limited License; Restrictions. You acknowledge that the OLE Website/Services contains, or may in the future contain, content, including, without limitation, media and materials, software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, copyrights, logos, domain names, trade names, service marks, patents and all copyrightable or otherwise legally protectable material (including source and object code) and/or any other form of intellectual property, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (collectively, “Content“) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. OLE or its partners and affiliates own, have been licensed and/or retain all proprietary rights to the OLE Website and the Content. Unless the context clearly requires otherwise or we explicitly say so in writing, the terms” OLE Website” and “OLE Websites/Services” includes “Content” as well.
- Communication Services. The OLE Web Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services “). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By using the Communication Services on the OLE Web Sites, you expressly agree to adhere to the prohibitions herein. We reserve the right to remove or edit content from the Communication Services at any time and for any reason. By uploading materials to any forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
When participating in the Communication Services, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in the Communication Services may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information. OLE has no obligation to monitor the Communication Services. However, OLE reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion at any time, without notice, for any or no reason whatsoever. OLE reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any or no reason whatsoever. OLE reserves the right at all times to disclose any information as OLE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OLE’s sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. OLE does not control or endorse the content, messages or information found in any Communication Service and, therefore, OLE specifically disclaims, and you hereby agree to release and hold OLE harmless from, any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized OLE spokespersons, and their views do not necessarily reflect those of OLE. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
- defame, abuse, harass, harm or threaten others;
- make any bigoted, hateful, or racially offensive statements;
- advocate illegal activity or discuss illegal activities with or without the intent to commit them or cause injury or property damage to any person;
- post or distribute any material that infringes and/or violates any right of a third party or any law;
- post or distribute any material that you do not have a right to transmit either by law or under a contractual or fiduciary agreement or other arrangement;
- post or distribute any vulgar, obscene, discourteous, or indecent language or images;
- do anything that is, or can be considered, harmful to minors in any way;
- advertise or sell to or solicit others;
- use the OLE Web Sites or Communication Services for commercial purposes of any kind;
- post or distribute any software or other materials that contain a virus or other harmful component;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- post material or make statements that do not generally pertain to the designated topic or theme of any Communication Service;
- restrict or inhibit any other user from using and enjoying the services or features of the OLE Web Sites/Services;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the OLE Web Sites;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- use the OLE Web Sites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the OLE Web Sites or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the OLE Web Sites;
- divert users to another site or prohibited diversion of traffic to another site;
- gain, or attempt to gain, unauthorized access to the OLE Web Sites, or any account, computer system, or network connected to the OLE Web Sites, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
- do anything that might affect us adversely or reflect negatively on us, the OLE Website/Services, the “marks” (as defined below) and/or the Content, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the OLE Website/Services, or from advertising, linking or becoming a partner with us;
- do anything that is in violation of any applicable local, state, federal and/or international law;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the OLE Web Sites; or
- gather and/or share for marketing purposes any email addresses or other personal information that has been posted by other users of the OLE Web Sites.
- Materials Provided To OLE Or Posted At Any OLE Web Site. OLE does not claim ownership of the materials you provide to OLE or post, upload, input or submit to any OLE Site/Service or its associated services for review by the general public, or by the members of any public or private community, including, without limitation, any information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (each a “Submission” and collectively “Submissions“). However, by posting, uploading, inputting, providing or submitting (“Posting“) your Submission, you are granting OLE, its affiliated companies and necessary sublicensees and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any such Submission (in whole or in part and with or without the use of your name) worldwide and/or to incorporate such Submission in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights that may exist in such Submission in connection with the operation of their businesses (including, without limitation, all OLE Web Sites/Services), including, without limitation, the license rights to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a OLE Site/Service. No compensation will be paid with respect to the use of your Submission, as provided herein. OLE is under no obligation to post or use any Submission you may provide and OLE may remove any Submission at any time in OLE’s sole discretion for any or no reason with or without prior notice.
- Notifications Of Material That Violates Third Party Rights. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the OLE Website and to promptly end any infringement that might occur. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. We reserve the right to terminate membership and/or user privileges of any member or user who we believe infringes upon the intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the owner of a copyright or other proprietary rights or an agent thereof and believe that any Submission or other content infringes upon your rights, you may submit a notification by providing us with the following information in writing:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the right claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit OLE to locate the material;
- information reasonably sufficient to permit OLE to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of such rights or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If your Submission was removed and you believe it was not infringing or offensive, you may send a counter-notice containing the following information to OLE:
- your physical or electronic signature;
- identification of the content that has been removed and the location at which the content appeared before it was removed;
- a statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of any federal court in the Commonwealth of Pennsylvania and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, OLE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice, at OLE’s sole discretion.
- DISCLAIMERS.THE OLE WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OLE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO ANY IMPLIED WARRANTY OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY AND/OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, OLE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THE OLE WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE OLE WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THE OLE WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THE OLE WEBSITE. OLE MAKES NO WARRANTY THAT THE OLE WEBSITE AND/OR ANY OLE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS WEBSITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS WEBSITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR WEBSITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE WEBSITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
While we try to provide accurate information on the OLE Web Sites, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the OLE Web Sites or sites that link to or from the OLE website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the OLE website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please let us know if you discover any inaccuracy in our website content.
- LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER OLE NOR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES, LICENSORS, PARTNERS, SUBSIDIARIES, ASSIGNS, ADVERTISERS, SERVICE PROVIDERS, SPONSORS, SUPPLIERS, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVEY, THE “RELEASEES“) WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (WHETHER DIRECT OR INDIRECT, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, IN CIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF OLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE) ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH (A) YOUR USE OR INABILITY TO USE THE OLE WEBSITE AND/OR THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THE OLE WEBSITE, (B) THE USE OF ANY CONTENT, MATERIAL OR SERVICES WE PROVIDE, (C) STATEMENTS OR CONDUCTS OF ANY MEMBER OR OTHER THIRD PARTY ON THE OLE WEBSITE, OR (D) OR ANY OTHER MATTER RELATING TO OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE OLE WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
OLE will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay OLE liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay OLE’s actual damages, to the extent such actual damages can be reasonably calculated.
Any dealings with third parties (including without limitation producers, promoters, artists, ticketing companies, hotels, travel companies, advertisers, mobile application providers, etc.) included within the OLE Web Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable third party. OLE shall not be responsible or liable for any part of any such dealings or promotions.
- Wireless. You will only receive OLE text alerts when you request them by entering a mobile promotion, which includes but is not limited to any contest, sweepstakes, or offer for products sponsored by OLE or its affiliates. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will the Releasees be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion.
- Information for International Users. This website is operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
- Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver
OLE cares deeply about maintaining a good relationship with its customers. If you have any issue with the use of the OLE Website (“Dispute”), a telephone call to OLE’s customer service department will, in all likelihood, resolve the Dispute quickly and amicably; however, there may be instances when a Dispute requires special attention. In such instances, OLE is committed to working with You to reach a reasonable resolution that satisfies both parties. OLE can only do so once You bring the Dispute to OLE’s attention. Therefore, for any Dispute that You may have with OLE, You acknowledges and agrees to first give OLE a reasonable opportunity to resolve the Dispute. Therefore, You shall first send a written description of the Dispute to: On Location Events, LLC, 805 Third Avenue, 31st Floor, New York, New York 10022, Attention: Legal Department. Furthermore, You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after providing notice thereof. If OLE does not resolve the Dispute within sixty (60) days from receipt of notice thereof, the parties with may pursue a claim in arbitration pursuant to the following terms: You agree that the sole and exclusive forum and remedy for any Dispute or claims against the Released Parties that cannot be resolved informally and that relate in any way to or arise out of the Package or this Agreement, shall be final and binding arbitration, except to the extent that You have in any manner infringed upon or violated or threatened to infringe upon or violate any Released Parties’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case You acknowledges that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Released Party and/or the applicable third party(ies). The parties hereto acknowledge that this Agreement affects interstate commerce and that the Federal Arbitration Act (“FAA”) and federal arbitration law apply to arbitrations hereunder (despite any other choice of law provision). Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s supplementary procedures for consumer-related disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in section c-8 of the Supplementary Procedures; for claims exceeding $75,000, the AAA’s commercial arbitration rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Furthermore, if Your claims do not exceed $75,000 and You have provided notice to and negotiated in good faith with OLE as described above, if the arbitrator finds that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to OLE or You. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA and may be entered in any court having jurisdiction over the parties for purposes of enforcement. The parties hereto shall initiate arbitration in New York County, New York. This section shall survive any termination of this Agreement or the provision of the associated benefits or services to You. The parties agree that any Dispute or claim filed in small claims court are not subject to the arbitration terms contained herein.
JURY AND CLASS ACTION WAIVER. BOTH PARTIES AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, TO WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAS A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. FURTHERMORE, YOU AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY DISPUTE, CLAIM OR CAUSE OF ACTION THAT YOU MAY HAS ARISING OUT OF OR RELATED TO THIS AGREEMENT, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.
UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA YOU’S ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.
THIS AGREEMENT AND ANY DISPUTE ARISING HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. NOTWITHSTANDING THE ARBITRATION AGREEMENT, EACH PARTY CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, UNLESS NO FEDERAL JURISDICTION EXISTS, IN WHICH CASE EACH PARTY CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY, STATE OF NEW YORK. THE PARTIES WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NONCONVENIENS. PROCESS MAY BE SERVED ON EITHER PARTY IN THE MANNER AUTHORIZED BY APPLICABLE LAW OR COURT RULE. IN ANY ACTION OR SUIT TO ENFORCE ANY RIGHT OR REMEDY UNDER THIS AGREEMENT OR TO INTERPRET ANY PROVISION OF THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES. EACH OF THE PARTIES HEREBY ACKNOWLEDGES AND CONFIRMS THAT SERVICE OF ANY PROCESS, SUMMONS, NOTICE OR DOCUMENT BY U.S. CERTIFIED RETURN RECEIPT REQUESTED MAIL TO SUCH PARTY’S RESPECTIVE ADDRESS SET FORTH HEREIN SHALL BE EFFECTIVE SERVICE OF PROCESS FOR ANY ACTION, SUIT OR PROCEEDING IN THE STATE WITH RESPECT TO ANY MATTERS FOR WHICH IT HAS SUBMITTED TO JURISDICTION PURSUANT HERETO AND WILL TO THE FULLEST EXTENT ENFORCEABLE BY LAW, BE VALID PERSONAL SERVICE UPON AND PERSONAL DELIVERY TO IT. BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES ARISING HEREUNDER.
COPYRIGHTS / TRADEMARKS. On Location Events, LLC. All brands, names, logos, trade names, copyrights, service marks and trademarks and other distinctive identifications (collectively, the “marks”) on or of the OLE Website/Services are owned by OLE and/or its related entities, affiliates or partners or are used under license. All rights reserved. The marks are protected by copyright and trademark and you shall not use the marks, or any confusingly similar marks, for any purpose whatsoever without the express prior written consent of OLE or otherwise as contemplated in this Agreement. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in the OLE Website/Services are expressly prohibited.