1. CHANGES TO THIS NOTICE
2. HOW WE COLLECT PERSONAL DATA
“Personal Data” is any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.
Personal Data we collect may include:
• Contact information, which you provide when corresponding with us by phone, email or otherwise. This includes information you provide when you participate in discussion boards or other social media functions on our Site and when you report a problem with our Site. The information you give us may include your name, address, email address, phone number, financial information and/or credit card information.
• Due payment information, including financial information such as credit/debit card and account numbers used to process your Our Events ticket registration and/or sponsorship payment.
• Purchase information, relating to purchases of delegate passes and Our Events participation, either in-person or via our Site. Purchase information will include financial information as well as information concerning the content and time of the purchase.
3. PERSONAL DATA WE AUTOMATICALLY COLLECT FROM YOU
With regard to each of your visits to the Site we will automatically collect the following information:
• Technical information, including the Internet protocol (IP) address used to connect your computer or device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• Information about your visit, including pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number; and location information.
4. PERSONAL DATA WE COLLECT FROM OTHERS
4.1 Publicly Available. We may receive information about you from publicly available and third-party databases or services that provide information about business people that we believe will help us identify provide products and services that may be of interest to you. We will obtain your consent before contacting you if required by the law of the country in which you are located.
4.2 Access Through Third Parties. You may have the option to access our Service through other third- party services. When connecting your account on our Site with another service, you may be asked to grant us permission to access and store of your information which the third-party service makes available to us, and to use and disclose it in accordance with this Policy. You should also check your privacy settings for each third-party service to understand how they collect and use your information, and make changes as appropriate.
4.3 Integrated Third Party Providers. Our Services may also use third party providers to make certain applications and services available to you on our Site. For example, payment services may be offered through third party providers. These may require that you register and provide information in order to use their applications. If you want to learn how these third-parties use/process your information, please review their privacy policies. If you would like to remove information that you posted on those applications, you will need to either login to the application or contact them directly.
5. NON-PERSONAL DATA
We collect Non-Personal Information, i.e., information that does not personally identify the user, that is sent to us automatically by your web browser and we may use this information to generate aggregate statistics about visitors to our Site, including, without limitation:
• IP addresses
• Browser type and plug-in details
• Device type (e.g., desktop, laptop, tablet, phone, etc.)
• Operating system
• Local time zone
Note that Non-Personal Data is not subject to the same requirements for obtaining consent as Personal Data. We may use Non-Personal Data for various business purposes such as providing customer service, fraud Our Events, market research, and improving our Site. Please check your web browser if you want to learn what information your browser sends or how to change your settings.
6. CONSENT TO USE YOUR PERSONAL DATA
We will process your Personal Data, including sharing it with third parties, where (1) the processing is necessary for the performance of a contract to which you are a party, (2) we are required by law, (3) processing is required to protect your vital interests or those of another person, or (4) processing is necessary for the purposes of our legitimate commercial interests, except where such interests are overridden by your rights and interests. You may opt-out at any time by notifying us in writing on our Contact Us form.
For our European Union users, note that in accordance with the General Data Protection Regulation (GDPR), Article 6, processing of a European Union user’s Personal Data may only be done after first receiving the explicit consent of the user or subject to certain other exceptions. European Rights are discussed further in a later section.
7. HOW WE USE YOUR PERSONAL DATA
We may use Personal Data that you provide directly to us for the following purposes:
• To carry out our obligations arising from your Our Events registration, or any other contract entered into between you and us and to provide you with the information, products and Our Events registration services that you request from us;
• To organize Our Events that you have purchased or registered for, and to provide you with information, and other materials, relating to the content of Our Events, the speakers, sponsors and other attendees;
• To send our newsletter and other publications and information about other Our Events, products and services we offer that are similar to those that you have already purchased, provided you have given your consent to receive such information;
• To respond to your questions and inquiries
• To ensure that content from our Site is presented most effectively for you and your computer.
• To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• To improve our Site to ensure that content is presented most effectively for you and your computer; as part of our efforts to keep our Site safe and secure; and
• To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
8. WE USE INFORMATION FOR MARKETING PURPOSES
We may use personal information like Contact Information, Demographic Information, Location Information, Internet and Network Activity Information, Purchase and Preference Information, and Inferences to tailor content, advertisements, and offers we serve you. This information helps us keep our Platforms fresh and interesting to our visitors and allows us to tailor content to a visitor’s interests (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic information).
9. WE USE INFORMATION TO COMPLY WITH OUR OBLIGATIONS, ADMINISTER OUR PLATFORMS, AND FOR INTERNAL OPERATIONS
We may use all categories of personal information to, among other things, administer the Platforms, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you, and gather broad demographic information for aggregate use. We, or our vendors, may place cookies or similar files on your device for analytics and security purposes, and to facilitate site navigation. A pixel tag may tell your browser to get content from another server. We may also use personal information to comply with our license obligations.
10. WE USE INFORMATION FOR SECURITY PURPOSES
For example, we may use all categories of personal information to protect our company, our customers, and our business partners. We also may use personal information to protect our Platforms or our services, as well as to detect and investigate activities that may be illegal or prohibited (such as cyberattacks or fraudulent transactions).
11. WE USE INFORMATION FOR HIRING PURPOSES
For example, we use Contact Information and Employment-Related Information to review your job applications and contact you about employment opportunities. We may use certain Employment-Related Information for other statistical or analytical purposes in accordance with applicable law.
12. WE USE INFORMATION TO VERIFY REQUESTS MADE PURSUANT TO THIS PRIVACY NOTICE
We will use certain pieces of personal information to verify your identity if you make requests pursuant to this Privacy Notice. The verification steps and the pieces of personal information that we request may vary depending on the sensitivity and nature of your request. We may use information as otherwise disclosed or permitted by law, or as we may notify you.
13. WHEN WE SHARE AND WHO CAN ACCESS YOUR PERSONAL DATA
• A member of our group;
• Partners, suppliers and sub-contractors, for the performance of obligations arising from Our Events registration, or any other contract we enter into with them or you or to provide you with the information, products and Our Events registration services that you request from us;
• Analytics and search engine providers that assist us in the improvement and optimization of our Site;
• Trusted third-party companies and individuals to help us provide, analyze, and improve the Site and Our Events registration services (including but not limited to data storage, maintenance services, database management, web analytics and payment processing);
• In Our Events that we sell or buy any business or assets, in which case we will disclose your Personal Data to the prospective seller or buyer of such business or assets; and
• If PERFECT IMAGE, LLC or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets.
We will only transfer your Personal Data to trusted third-parties who provide sufficient guarantees in respect of the technical and organizational security measures governing the processing to be carried out and who can demonstrate a commitment to compliance with those measures.
14. SELLING OR RENTING YOUR PERSONAL DATA
You grant Perfect Image, LLC, Aesthetic Exclusive and all its affiliates, a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you. When you post or otherwise share User Content on or through our Services, Websites, Social Media Platforms, You Tube, Virtual and In-Person Events, Promotional Materials, all Media Formats and the likes, you understand that your User Content and any associated information may be visible to the public. We reserve the right to sell or rent your Personal Data to third parties. You may opt-out at any time by notifying us in writing on our Contact Us form.
We take information security seriously and use certain reasonable security measures to help protect your personal information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Platforms and provide us with your information at your own risk.
All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology.
16. TRANSFER OF PERSONAL DATA OUTSIDE OF THE EUROPEAN ECONOMIC AREA (“EEA”) AND INTERNATIONAL USERS
We are headquartered in the United States. Your Personal Data may be accessed by us or transferred to us in the United States or to our affiliates, partners, merchants, or service providers who are located worldwide. If you are visiting our Site from outside the United States, be aware that your information may be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated. By using our Service, you consent to any transfer of this information.
17. HOW LONG WE STORE YOUR PERSONAL DATA
We will store your Personal Data, in a form which permits us to identify you, for no longer than is necessary for the purpose for which the Personal Data is processed. We will retain your information for as long as your account is active or as needed to provide you with our Site.
We may retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. We maintain one or more databases to store your Personal Data and may keep such information indefinitely.
Consistent with these requirements, we will try to delete your Personal Data quickly upon request.
In accordance with Children’s Online Privacy Protection Act (“COPPA”) and the General Data Protection Regulation (GDPR), the Site and Services are not directed to children under 16. We do not knowingly collect, use or disclose personally identifiable information from anyone under 16 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 16, we will make reasonable efforts to delete such information from our records.
Of course, any such data which can serve to identify a specific person or their location is Personal Data, and subject to the requirements for explicit consent under the GDPR. However, data which is not traceable back to specific persons is Non-Personal Data and not subject to such restriction.
20. LINKS TO THIRD PARTY SITES AND SERVICES
Our Sites may contain links to third party websites, applications and services not operated by us. These links are provided as a service and do not imply any endorsement by us of the activities or content of these sites, applications or services nor any association with their operators. Company is not responsible for the privacy policies or practices of any third-party including websites or services directly linked to our Service. We encourage you to review the privacy policies of any third-party site that you link from our Service.
21. CORRECTION AND REMOVAL
If any of the information that we have about you is incorrect, or you wish to have information (including Personal Data) removed from our records, you may do so by notifying us in writing on our Contact Us form.
Additionally, if you prefer not to receive marketing messages from us, please let us know by clicking on the unsubscribe link within any marketing message that you receive or by notifying us in writing on our Contact Us form.
23. YOUR EUROPEAN RIGHTS
This applies to European residents only.
23.1 Control Over Your Data. Under European data protection law, in certain circumstances, you have the right to:
a. Request access to any Personal Data we hold about you as well as related information, including the purposes for processing the Personal Data, the recipients or categories of recipients with whom the Personal Data has been shared, where possible, the period for which the Personal Data will be stored, the source of the Personal Data, and the existence of any automated decision making.
b. Obtain without undue delay the rectification of any inaccurate Personal Data we hold about you.
c. Request that Personal Data held about you is deleted.
d. Prevent or restrict processing of your Personal Data.
e. Request transfer of Personal Data directly to a third party where this is technically feasible.
You can exercise any of these rights by notifying us in writing on our Contact Us form.
23.2 Exceptions to Consent under the GDPR. In accordance with the GDPR, Article 6, processing of a European Union user’s Personal Data may not be conducted without first receiving the explicit consent of the user. The following potential exceptions exist if processing is necessary:
• To comply with applicable legal regulations which Services are subject to;
• To fulfill a task in the public interest or by virtue of some official authority vested in PERFECT IMAGE, LLC;
• To fulfill legitimate purpose pursued by PERFECT IMAGE, LLC or third-party, unless that legitimate purpose is overridden by the interests or rights of the user (or owner of Personal Data) requiring the protection of that data.
23.3 Right to Opt-Out of Marketing Use. You have the right to ask us not to process your Personal Data for marketing purposes. We will usually inform you (before collecting your Personal Data) if we intend to use your Personal Data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to halt such processing by checking certain boxes on the forms we use to collect your Personal Data. You can also exercise your rights by notifying us in writing on our Contact Us form.
24. YOUR CALIFORNIAN RIGHTS
This applies to residents of California only.
24.2 The “Do Not Track” Law. California law requires that operators of websites disclose how they respond to a “Do Not Track” signal. Some browsers have incorporated “Do Not Track” features, wherein the browser will send a signal to the website or online service indicating that the user does not wish to be tracked. However, since there is no common understanding of how to interpret “Do Not Track“ signals as of yet, we do not currently respond to “Do Not Track” signals. We will continue to follow developments seeking a common industry understanding of how to treat “Do Not Track” signals.
24.3 Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Data with third parties. If you reside in California and have provided your Personal Data to PERFECT IMAGE, LLC, you may request information about our disclosures of certain categories of Personal data to third parties for direct marketing purposes. Such requests must be submitted in writing on our Contact Us form.
Copyright © 2021 Perfect Image, LLC
Last Updated: April 12, 2021
These Terms have been created by PERFECT IMAGE, LLC, DBA PERFECT IMAGE, DBA, AESTHETIC EXCLUSIVE, DBA, WOMEN OF CULTURE, DBA, PERFECT IMAGE CONSULTING (“PERFECT IMAGE, LLC”), OUR EVENTS, to help create a safe and trusted community and to prevent unauthorized use. The Terms set forth the standards of authorized use and identifies prohibited use.
In addition, you are responsible for complying with any additional applicable laws related to your use of the Site or Services, whether or not they are covered by these Terms.
1. USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Perfect Image, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
2. PARTICIPATION DISCLAIMER
Perfect Image, LLC does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at Our Events are theirs alone and do not necessarily reflect the views, opinions, or positions of PERFECT IMAGE, LLC or any employee thereof.
You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Perfect Image, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Perfect Image, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Perfect Image, LLC in its sole discretion.
Content of Employees.
The views, opinions, and positions expressed by any employee or representative of PERFECT IMAGE, LLC, in a private capacity, while NOT acting in an official capacity as agents or representatives of PERFECT IMAGE, LLC, including posting on their private social media accounts, are theirs alone and do not necessarily reflect the views, opinions, or positions of PERFECT IMAGE, LLC.
3. PARTICIPANT REQUIREMENTS FOR EVENTS
3.1 Access. Your registration entitles you to access to Our Events for which you have registered. Any and all other costs associated with your attendance shall be borne solely by you, and Our Event shall have no liability for such costs.
3.2 Use of Likeness. By participating in Our Events, you acknowledge and agree to grant Our Events the right at Our Events to record, film, live stream, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to Our Events includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.
3.3 Our Events Content. You acknowledge and agree that Our Events, in its sole discretion, reserves the right to change any and all aspects of Our Events, including but not limited to, Our Events name, themes, content, program, speakers, performers, hosts, moderators, venue, and time. Our Events content shall be recorded by PERFECT IMAGE, LLC and will be accessible to paid Participants.
4. PROHIBITED CONDUCT DURING EVENTS
4.1 Limitations on Use. By registering for a PERFECT IMAGE, LLC, Our Events, you agree not to sell, trade, transfer, or share your complimentary access link and/or code, unless such transfer is granted by the Organizer. By registering for a paid Our Events Pass, you agree not to share, sell or trade your access. If PERFECT IMAGE, LLC determines that you have violated this policy, PERFECT IMAGE, LLC may cancel your access, retain any payments made by you, report you to law enforcement authorities, and ban you from future Our Events.
4.2 Disruptive Conduct. You acknowledge and agree that Our Events reserves the right to remove you from Our Events if PERFECT IMAGE, LLC, in its sole discretion, determines that your participation or behavior create a disruption or hinder Our Events or the enjoyment of Our Events content by other attendees.
4.3 Recording, Live Streaming, and Videotaping. Participants may not record or broadcast audio or video of sessions at PERFECT IMAGE, LLC, Our Events or any of our Affiliates.
4.4 Unethical/Non-Compliant Business Practices. PERFECT IMAGE, LLC reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices.
4.5 Exclusion. In addition to the requirements and prohibitions set forth in this Section 2, PERFECT IMAGE, LLC may also exclude any prospective participant from registering for or participating in any of Our Events in PERFECT IMAGE, LLC’s sole discretion.
5. FEES AND REGISTRATION
5.1 Payment. The payment of the applicable fee for Our Events is due upon registration. If such payment is insufficient or declined for any reason PERFECT IMAGE, LLC may refuse to allow you to access Our Events and shall have no liability in that regard.
5.2 Taxes. The fees may be subject to sales tax, value added tax, or other taxes and duties which, if applicable, will be charged to you in addition to the fees.
6. CANCELLATION AND QUALITY ASSURANCE
6.1 Providing Feedback and Requesting a Refund. PERFECT IMAGE, LLC strives to provide you with the most productive and effective educational experience possible. If after completing the course you feel there is some way we can improve, please provide us in writing with your comments on the evaluation provided upon arrival. Should you feel dissatisfied with your learning experience and wish to request a credit or refund, please submit it in writing no later than 10 business days after the end of Our Events to: Perfect Image, LLC, Post Office Box 7017, Woodland Hills, CA 91365.
We will evaluate individual complaints in a context of collective comments from Our Events. As speakers are confirmed months before Our Events, some speaker changes or topic changes may occur in the program. PERFECT IMAGE, LLC is not responsible for speaker changes, but will work to ensure a comparable speaker is located to participate in the program.
6.2 Cancellations. Cancellations are subject to the entire registration fee for the Event. All sales are final. No payments will be refunded or refundable. Please note that if you do not cancel and do not access Our Events, you are still responsible for payment. In no event shall PERFECT IMAGE, LLC be obligated to refund all or a portion of the registration fee.
6.3 Force Majeure. If PERFECT IMAGE, LLC is prevented from carrying out its obligations as it pertains to Our Events you registered for as a result of any cause beyond its control, or such Our Events cannot be Virtually conducted because of a software or issue with the hosting platform or due to acts of God, strikes, labor disputes, government requisitions, restrictions or war or apparent act of war, terrorism, disaster, civil disorder, epidemic or pandemic, curtailment or restriction on transportation facilities, or any other comparable calamity, casualty or condition (collectively a “Force Majeure”) PERFECT IMAGE, LLC shall have the right to immediately terminate the affected Our Events program without liability and shall be relieved of its obligations to Registrant. If the affected Our Events is terminated due to a Force Majeure occurrence before the first day of Our Events, then PERFECT IMAGE, LLC will reschedule the affected Our Events and your registration fee will be applied to the rescheduled Conference.
7. OUR EVENTS REGISTRATION CONFIRMATION
7.1 Once you have completed your registration, you will receive your registration confirmation by email. Please ensure that your valid email is entered correctly on the registration form. Be sure to check your junk email box too in case any of your Our Events email(s) are caught by spam filters.
7.2 You will receive essential information for registered attendees electronically at the email address and mailing address that are provided on your registration form.
7.3 In addition, you will also be added to Our Events participant list for notifications of future Our Events.
7.4 If you would like to opt-out of any of these benefits, a link is provided in each email to provide the ability to opt-out.
8. INTELLECTUAL PROPERTY
8.1 General. Nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by PERFECT IMAGE, LLC or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of PERFECT IMAGE, LLC or its affiliates, all of which shall at all times remain the exclusive property of PERFECT IMAGE, LLC and its affiliates.
8.2 Events. All intellectual property rights in and to Our Events, Our Events content, and all materials distributed at or in connection with Our Events are owned by PERFECT IMAGE, LLC, or Our Events sponsors or speakers presenting at Our Events. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names appearing at Our Events, in any Our Events content or in any materials distributed at or in connection with Our Events for any reason without the prior written permission of PERFECT IMAGE, LLC.
9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
9.1 Perfect Image gives no warranties in respect of any aspect of Services or Our Events or any related materials, to the fullest extent possible under the laws governing this Agreement, and disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Our Events and Services are provided on an “as-is” basis. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at Our Events are theirs alone and do not necessarily reflect the views, opinions, or positions of PERFECT IMAGE, LLC or any employee thereof. Our Events makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by speakers, attendees, or sponsors at a PERFECT IMAGE, LLC Our Events and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. PERFECT IMAGE, LLC does not endorse, and expressly disclaims all liability relating to, any of the products or services provided by speakers, attendees, or sponsors.
9.2 Except as required by law, neither PERFECT IMAGE, LLC nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the use of this Site, our Services, Our Events or other aspect related thereto or in connection with this Agreement.
9.3 PERFECT IMAGE, LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PERFECT IMAGE, LLC’s reasonable control.
9.4 The maximum aggregate liability for any claim in any way connected with, or arising from the use of this Site, our Services, Our Events, or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to PERFECT IMAGE, LLC under this Agreement.
You agree to indemnify, defend and hold PERFECT IMAGE, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of your access to or use of its Services, any breach of these Terms, or infringement by you (or by any other individual utilizing your account) of any intellectual property or any other right of any person or entity.
12.1 Waiver. Perfect Image’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.
12.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
12.3 Governing Law. This Agreement shall be governed by the laws of the State of California and the parties shall submit to the exclusive jurisdiction of the California courts. Note, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
13. EXHIBITOR OR SPONSOR AGREEMENT FOR OUR EVENTS
In addition to this Agreement, if you are an Exhibitor or Sponsor for Our Events, the following Exhibitor/Sponsor Terms and Conditions apply to you:
Perfect Image is referred to herein as “the Organizer”. “Exhibitor” refers to the applicant indicated on the first page of the Sponsorship Agreement (“Cover Page”) which forms part of this Agreement.
1. PAYMENT AND TERMS – Our Events Participation Fee is the total fee payable by the Exhibitor to the Organizer in respect of the licensing of the Our Events Exhibition Space, sponsorship, advertisement and related services. The amount and payment terms are stated on the Cover Page of the Exhibitor/Sponsorship Confirmation. All payments are non-refundable except as otherwise expressly provided herein. The entire Our Events Participation Fee must be paid in full prior to Our Events dates. In Our Events of total or partial cancellation (space size reduction) by the Exhibitor, the participation fee will not be reduced or refunded, and the total amount will be due.
If the Exhibitor fails to pay the entire Our Events Participation Fee at the time specified, or fails to comply with any of the terms and conditions or rules and regulations, the Organizer may reassign the exhibition booth location reserved for the Exhibitor and/or may resell the exhibition booth location to another party. The Organizer reserves the right to charge interest on all overdue amounts under this Agreement.
2. CANCELLATION / TERMINATION – If the Exhibitor cancels or breaches this Agreement for any reason whatsoever, in addition to whatever rights the Organizer may have under applicable law, any payments made by the Exhibitor prior to the date of termination shall be retained by the Organizer as liquidated damages and not as penalty. The Organizer and the Exhibitor agree that such amounts constitute a reasonable provision for liquidated damages. The Exhibitor shall also be liable for any payments required to be paid but not paid as of date of cancellation or breach of this Agreement.
If the exhibition premises, which are used for the purpose of the Exhibition (“Exhibition Premises”), shall become in the sole discretion of the Organizer, unfit for occupancy, or if the holding of the Exhibition or the performance of any of the provisions of this Agreement are interfered with by virtue of any cause, this Agreement and/or the Exhibition (or any part thereof), may forthwith be terminated or cancelled by the Organizer without the Organizer being liable in damages or otherwise to the Exhibitor. The Organizer shall also not be responsible for delays, claims, demands, damages, losses, increased costs, liabilities, changes, actions, expenses or any other unfavorable direct or indirect, consequential or otherwise conditions arising by virtue of any cause not within the control of the Organizer. Upon termination or cancellation as aforesaid, the Organizer shall not be liable to the Exhibitor other than for a refund of the contract price paid by the Exhibitor prorated on the basis of the number of exhibition days remaining. For purposes hereof, the phrase “cause not within the control of the Organizer” shall include fire, casualty, flood, epidemic, earthquake, explosion or accident, blockage, embargo, inclement weather, pandemic, governmental restraints, restraints or orders of civil defense or military authorities, act of public enemy, riot or civil disturbance or commotion, malicious damage, sabotage, vandalism, acts of terrorism, or other similar activities, strike, lockout, boycott or other labor dispute or disturbance, inability to secure sufficient labor, technical or other personnel, absence of premises required for the Exhibition, failure, impairment or lack of adequate transportation facilities, inability to obtain or requisition or commandeering of necessary supplies or equipment, change in local, state or other law, ordinance, rule, order, decree or regulation, whether legislative, executive or judicial, and whether constitutional, or act of God and the words “act(s) of” shall include “threat of or perceived threat of”.
This Agreement may be terminated by the Organizer forthwith if in the Organizer’s opinion, the Exhibitor does not or may be unable to perform or comply with any of its obligations.
3. BOOTH ASSIGNMENT – The Organizer shall use reasonable efforts to make booth assignments in accordance with the Exhibitor’s requests. However, the Organizer reserves the right to make final determination of all booth assignments. The Organizer shall have no liability for its failure or inability to comply with the Exhibitor’s requests, and the Exhibitor shall have no right to cancel this Agreement because of the Organizer’s failure to comply with the Exhibitor’s requests.
Exhibition booths will be allocated at the Organizer’s full discretion. The Organizer may change the floor plan and/or the configuration of the exhibition booths.
4. NO ASSIGNMENT OR “SUBLETTING” OF SPACE – The assigned booth space is for use by the Exhibitor only. The Exhibitor may not assign this Agreement and may not permit or “sublet” all or any part of its assigned booth space to any other business or firm, unless the Organizer has given prior written approval. Any such assignment, permission or “sublease” without the Organizer’s prior written approval shall be null and void.
The Exhibitors are not permitted to give their assigned booth space either fully or in part to a third party, whether for payment or free of charge.
5. WARRANTY – The Exhibitor represents, warrants and undertakes that it is entering into this Agreement as principal and not as agent or nominee of any third party, and the exhibits to be displayed by the Exhibitor at the Exhibition (“Exhibit”) do not infringe or are not likely to infringe any patent, trademark, copyright and other intellectual property right of any party and it agrees that in Our Events of any breach of the representations, warranties and undertakings herein contained in this Agreement, the license herein granted may be terminated by the Organizer (without the Organizer being liable for any damages or claim whatsoever and without prejudice to the Organizer’s other rights and remedies) and the Exhibitor shall indemnify the Organizer against all claims, demands, losses, liabilities, charges, actions and expenses incurred by the Organizer as a result of such breach.
6. RIGHT TO REJECT OR EJECT – The Organizer may reject, eject or prohibit the Exhibit in whole or part, or the Exhibitor or its representatives, with or without giving cause. If cause is not given, the maximum liability of the Organizer (if any) shall not exceed the prorated amount of the contract price paid by the Exhibitor based on the number of days of the Exhibition remaining at the time of ejection. If any exhibit or the Exhibitor or its representatives is ejected for violation of any provisions of this Agreement or for any other stated reason, no refund of any portion of the contract price shall be made.
7. RIGHT OF POSSESSION – The Exhibitor hereby grants to the Organizer, the right for the purpose of ensuring the due performance by the Exhibitor of its obligations under this Agreement to take possession of all property of the Exhibitor including the Exhibit on the Exhibition Premises. Such right to possession shall be superior to that of any person. All property shall be deemed to be pledged to the Organizer as security for the performance by the Exhibitor of its obligations under this Agreement and the Organizer may remove, sell or otherwise dispose of all the same upon such terms and conditions as it deems fit. If such property is not removed from the Exhibition Premises by the end of the removal period, then the Organizer shall be at liberty to remove, sell or otherwise dispose of such property, and the net proceeds applied by the Organizer for such purpose as it deems appropriate. The Exhibitor shall indemnify the Organizer against all costs and expenses incurred in connection with such removal, sale or disposal and any claim by a third party to any such property so sold or disposed of.
8. FIRE, SAFETY AND HEALTH – The Exhibitor assumes all responsibility for compliance with local ordinances and regulations covering fire, safety and health.
9. LICENSES / PERMITS – The Exhibitor shall be responsible for obtaining any licenses, permits or approvals required under local or state law applicable to the Exhibit and activity at the Exhibition. The Exhibitor shall be responsible for paying all taxes, license fees or other charges that shall become due to any government authority in connection with the Exhibit and their activities at the Exhibition.
10. PROPERTY LOSS OR DAMAGE – The Organizer shall not be responsible for any loss of or damage to any property of the Exhibitor or of its booth personnel, representatives, agents, servants, employees, contractors, patrons, guests, licensees or invitees. All of the Exhibitor’s property remains under its custody and control in transit to and from the Exhibition Premises and while it is in the confines of the Exhibition Premises. The Exhibitor shall be solely responsible for the loss of or damage to any property of the Exhibitor’s personnel, including but not limited to the Exhibitor’s booth personnel and representatives, models, demonstrators and actors. Accordingly, it is the Exhibitor’s responsibility to obtain adequate insurance or otherwise protect itself and its property and the property of its booth personnel, representatives, agents, servants, employees, contractors, patrons, guests, licensees or invitees.
11. LIABILITY AND INSURANCE – In addition to property insurance described above, the Exhibitor shall obtain and keep in force during the term of the installation and use of the exhibit premises, All Risks & Public Liability Insurance policies in an amount not less than $1,000,000. The Exhibitor must provide the Organizer with a certificate of insurance upon request. The Organizer reserves the right to prohibit the Exhibitor from setting up or operating its assigned booth space without having provided a certificate of insurance.
12. INDEMNIFICATION – The Exhibitor shall be liable for and shall insure, indemnify fully and effectively and hold the Organizer, their respective shareholders and all government, statutory and regulatory bodies and agencies of the country where the Exhibition is held and their respective directors, officers, agents and servants harmless against any and all costs, claims, demands, losses, liabilities, charges, actions and expenses which any of them may be subject to or may incur or which may be made, claimed or instituted against them or any of them as a result of any act, breach of any of the terms of this Agreement, omission, conduct or failure of the Exhibitor or its directors, officers, agents, servants, invitees or independent contractors. The Exhibitor’s aforesaid indemnity shall extend to cover all losses or injuries caused to any persons or property howsoever caused by the Exhibitor or the Exhibit or its personnel, or otherwise arising while the said persons are upon or examining, observing or passing the Exhibit or booth occupied by the Exhibitor, or by the demonstration of or otherwise in connection with the Exhibit.
13. LIABILITY LIMITATION – The liability of the Organizer (if any) shall under no circumstances (whether arising from breach of contract, tort or otherwise) exceed the amount of Our Events Participation Fee paid by the Exhibitor.
14. VENUE EXHIBIT RULES AND REGULATIONS – Further rules and regulations pertaining to the Exhibition can be found in the Exhibitor Prospectus and other documents supplied by the Organizer from time to time. The Organizer may at any time and from time to time make further rules and regulations (having immediate effect) in relation to any aspect of the Exhibition. Such rules and regulations shall be deemed to form part of this Agreement, and shall be binding on the Exhibitor.
The Organizer reserves the right to require the Exhibitor to alter the Exhibit before or during the Exhibition, as the Organizer deems to be in the best interests of the Exhibition. Such changes shall be made at the Exhibitor’s expense and are subject to the approval of the Organizer.
15. PARTIAL INVALIDITY – The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision herein.
16. REVOCATION – Upon termination of this Agreement the license granted is revoked and thereupon the Exhibitor shall immediately leave the Exhibition Premises and remove the Exhibit.
17. SET-OFF CLAUSE – The Organizer may in its sole discretion, deduct from or set-off against any money due by the Organizer to the Exhibitor or any sum which the Exhibitor is liable to pay to the Organizer.
18. ASSIGNMENT CLAUSE – The Organizer may without the consent or approval of the Exhibitor, assign or transfer its rights and/or obligations under this Agreement. The Exhibitor may not assign or transfer any of its rights or obligations under this Agreement.
19. INTEGRATION – This Agreement contains the entire agreement between the Organizer and the Exhibitor. It may not be orally modified. Only an agreement in writing signed by a duly authorized representative of the party against whom enforcement or waiver or modification is sought will be enforceable.
20. GOVERNING LAW & JURISDICTION – This Agreement shall be governed by, and construed in accordance with the laws of the State of California. Any action commenced by the Exhibitor arising out of or relating to this Agreement, or arising out of or relating to the Exhibition shall be brought solely in the courts of the County of Los Angeles, California. The Exhibitor consents to the jurisdiction of the courts Los Angeles County, California for the resolution of any action arising out of or relating to this Agreement, or arising out of or relating to the Exhibition.
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Last Updated: April 12, 2021