The words "use" or "using" means any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Website or the Services, transmit, receive or exchange data or communicate with the Website or the Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Website or the Services, for any purpose whatsoever. Anyone using our Services, including you, may also be referred to as a “user.”
thinkLA is a non-profit corporation, founded to promote Los Angeles as a leading center of creativity and innovation in media, marketing and advertising. Through our Website we offer users access to sign up for our newsletter as well as networking, educational, social and charitable events to promote the constituents of the marketing and media industry including entertainment and production companies, advertising and marketing agencies, and supplier industries serving the community. We also offer services to new and existing Members (as defined below) of thinkLA.
2. REGISTRATION / USER IDs AND PASSWORDS
Because some aspects of the Services are not generally available to the public, you will be required to create a unique user ID and password to gain access to such features. We may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access the Services. Your user ID, password, and any additional codes or passwords used to access our Services are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances.
You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate any IDs due to security concerns. You hereby acknowledge and agree that you are solely responsible for all activities, acts and omissions, and transactions that occur in, from, through or under your Membership or IDs.
3. THINKLA MEMBERSHIP
All active Members will have access to a membership directory (“Membership Directory”), which lists all Member names and any other Member-identifying information that we deem appropriate to include in furtherance of making such Membership Directory available via the Services.
Prior to the expiration of the then-current Membership period, an email will be sent to each Member alerting them of such expiration, at which time the Member will have the option to terminate their Membership or continue their Membership for the upcoming renewal period by paying the applicable Membership fee.
4. THINKLA EVENT & NEWSLETTER REGISTRATION
User may register to participate in various events and/or to receive our newsletter. If you register for any thinkLA event, conference or product, or e-mail or otherwise contact us with a request or comment in connection with the Services, we may use any information you provide (including your e-mail, postal, or telephone information) to update our existing databases. Registration for events or other information provided may be retained in our on-line and off-line databases and used as described below.
Information provided will be added to our contact database to be used for current events announcements, Membership drives or general thinkLA news and updates, as well as for communication and marketing purposes. You may request that your information not be retained or utilized by thinkLA by “opting-out”. Please note if you choose to “opt- out” your information will not be included within our database and you will not receive any correspondence about thinkLA via email or mail including confirmation emails for events.
When you register for an event the information you provide also becomes part of an "attendee list" which is provided to our sponsors for various events. General attendee lists provided to sponsors include the attendees name and company. For various events the attendees’ email addresses will also be provided. You may request that such information not be retained or utilized by thinkLA by notifying us at info@thinkLA.org.
5. USER INFORMATION
You represent, warrant and covenant to us that you have full authority to disclose the User Information to thinkLA, any and all User Information and any other information or data you provide to us in connection with your use of the Services, is and will be, true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent material facts or information, and that you will promptly submit corrected or updated information via the Services, or otherwise advise us promptly in writing of any such changes or updates to any information you’ve provided to us. You further consent and authorize us to verify your User Information as required for use and access to the Services, as applicable.
7. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
8. ACCESS TO AND USE OF THE SERVICES
Your access to and use of our Services is subject to all applicable local, provincial, state, and national laws and regulations. You shall not use, allow, or enable others to use our Services or in any manner that is, attempts or is likely to:
- be libelous, defamatory, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive which may or may appear to impersonate anyone else;
- affect adversely, harm, disparage or reflect negatively on thinkLA, or our Services, Website and Content, or on our goodwill, name or reputation, or the goodwill, name or reputation of any other user or their User Information;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Services, Website and Content or the rights or use and enjoyment of our Services, Website and Content by any other user, person, firm or enterprise; or
9. LINKS TO THIRD PARTY SITES
thinkLA may recommend and/or endorse the use of third party products or services and/or include promotional information, URLs, or hypertext links to other parties’ websites in connection therewith, or any other form of re-direction of your connection to, with or through our Services (“links”) anywhere on our Services. However, thinkLA does not verify or have any obligation, responsibility or liability resulting from the display of any links to other parties’ websites (including their privacy policies) or for any of their goods or services, whether or not we have a separate marketing, advertising or other promotional arrangement with them. If a third party obtains information from or about you, we have no responsibility or liability for their conduct or activities.
10. DISCLAIMER OF WARRANTIES
THE SERVICES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES OR OUR WEBSITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WE ARE ALSO NOT LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF OUR SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF THE CONTENT AND ANY AND ALL FEATURES AND FUNCTIONS OF OUR SERVICES.
11. LIMITATION OF LIABILITY AND RELEASE
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER AND IF APPLICABLE, YOUR REGISTRATION, MEMBERSHIP, ANY CONTENT, PRODUCTS OR OTHER FEATURES, FUNCTIONS, TRANSACTIONS OR ACTIVITIES ASSOCIATED WITH OR ARISING FROM OR THROUGH OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, THE LEGAL THEORY OR THE BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON REMEDIES, DAMAGES AND LIABILITY AVAILABLE AT LAW AND EQUITY IN SUCH SITUATION, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED THE LESSER OF: (I) THE AMOUNTS PAID BY YOU FOR ACCESS TO OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM FOR SUCH DAMAGES OR (II) $100.00.
In the event you have any dispute with one or more third parties as a result of your use of our Website, Content or the Services, or are in any way damaged as a result of any third party in connection therewith, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against us, our employees, agents, representatives, operational service providers and suppliers, for any claims, actions demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
14. LAW THAT APPLIES
IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
15. ENTIRE AGREEMENT