Code of Conduct, Terms of Use, Refund and Privacy Policy

Code of Conduct for Virtual Events, Terms of Use, and Privacy Policy

TPMLive 2020 or Stage10x, LLC is herein known as “Company” is committed to providing a professional, safe, productive, and welcoming environment for all meeting participants and staff. All such participants including, but not limited to, attendees, speakers, volunteers, exhibitors, Company staff, service providers, and others are expected to abide by this Code of Conduct. The Code applies to all Company meeting-related events, including those sponsored by other organizations that are held in conjunction with Company events, in an online format.

EXPECTED BEHAVIOR

• All meeting participants should be treated with respect and consideration.
• Do not attack others or challenge them in a disparaging manner. The discussions and comments are meant to stimulate conversation, not to create undue contention.
• Do not post commercial messages for any product or service that you,  a family member, or a friend are trying to promote.
• Meeting participants should avoid personal attacks directed toward other attendees, participants, Company staff, exhibitors, and suppliers/vendors. They should not engage in verbal abuse of any attendees, speaker, volunteer, exhibitor, or Company staff member.
• Meeting participants should be tolerant of a diversity of views and opinions and should avoid racial, religious, ethnic, and gender or sexual-preference based slurs –or any other derogatory language involving a protected class. They should not engage in harassment, intimidation, or discrimination of any kind.
• Do not post any defamatory, abusive, profane, threatening, discriminatory, or illegal materials or comments.
• Do not post any material that is protected by copyright without the written permission of the copyright owner.

REPORTING UNACCEPTABLE BEHAVIOR

• If you are the subject of unacceptable behavior or have witnessed any such behavior, please immediately notify a Company staff member. If you can, please take screenshots to document what you have witnessed.
• Notification should be done by contacting a Company staff person via e-mail at support@theportraitmasters.com.

CONSEQUENCES

• Anyone requested to stop unacceptable behavior is expected to comply immediately.
• Company reserves the right to prohibit or limit attendance of an offending individual at any future meeting.
• Company reserves the right to deactivate a virtual attendee account at any time, at its sole discretion, if it concludes that any of the rules have been violated by that attendee.

COMPANY RESPONSIBILITIES

COMPANY will investigate every allegation of violation of this Code of Conduct and will respond appropriately. While we take all concerns raised seriously, we will use our discretion to determine when and how to follow up on reported incidents, and we may decline to take any further action and/or may direct the participant to other resources for resolution.

FINAL POINTS

This virtual conference is provided as a service for the customers of the Company. However, the Company is not responsible for the opinions and information posted on this site by others. In no event shall the Company be liable for any damages resulting from any post.

DATA PRIVACY CHANGES

In the future, we may need to change this Policy. The company reserves the right to modify this Data Privacy Policy at any time without prior notice. All changes will be updated on the Company website so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. This Policy was last updated on July 23rd, 2020.

NOTICE TO EUROPEAN ECONOMIC AREA (EEA) MEMBERS

Personal information and Non-Personal Identifiable Information may be collected, transferred, or stored at a destination outside the EEA. Such information may be processed by staff operating outside the EEA who may work for either Company directly or contractors retained by the Company to process such information, fulfill any order for Service, process payment or billing as well as support services. By submitting any information, an EEA customer agrees to this collection, storing and transferring of information. Company agrees to take all reasonable steps to ensure your data is treated securely in accordance with this Online Privacy Policy.

NOTICE TO CALIFORNIA RESIDENTS

California law gives California residents providing Personal Information to the Company the right to request once per calendar year that the Company provides customers with information about how the Company has shared the customer’s Personal Information with third parties for their direct marketing purposes. To the extent applicable, if at all, such information includes: a) list and names and addresses of all third parties with whom such Personal Information was shared during the prior calendar year along with a list of the categories of Personal Information shared. To make such a request, please send an email to support@theportraitmasters.com and specifically reference “California Privacy Request” in the subject matter line. Your request should include your name, physical address (other than email address), and an email address. The Company will respond you your request within thirty (30) days of the receipt of your request.

The Company does not share Personal Information with third parties for their marketing purposes and will not do so without prior written consent.

CALIFORNIA “DO NOT TRACK” SETTINGS

Some web browsers have settings that allow customers to request that Websites not track a customer’s movement within a Website. The Company’s Website DOES NOT obey any such settings when transmitted to or received (whether detected or not) by the Company’s Website.

Account Cancellation; Deletion of Personal Information

Customers desiring to cancel or terminate the Service may do so by logging on to its account, proceeding to the “My Account” section for billing, and following the prompts for termination. The Company will store Personal Information as long as is necessary to provide you with the product or until Company receives a termination notice pursuant to the immediately preceding procedure under the “My Account” section, provided, however, that Company will continue to retain Personal Information after such Member’s termination as long as necessary to enforce our rights under the Terms of Use or this Privacy Policy.

SECURITY

We have adopted and adhere to stringent security standards designed to protect non-public Personal Information obtained or stored by the Company is protected from and against accidental or unauthorized access or disclosure. Among the safeguards that the Company has developed for this Website are administrative, physical, and technical barriers that together protect the Website from unauthorized access or use. We may from time to time be required to shut down the entire Website for security maintenance.

The Company uses secure servers for all customer information. Customers accessing the Company Service must use an SSL-enabled browser in order to protect the confidentiality of any Personal Information. Customers will be required to create and access an account by means of a unique User ID and Password. The Company will encrypt this Password. Customers must abide by the Password and User ID requirements set forth in the Terms of Use at all times.

Notwithstanding the foregoing, customers acknowledge that no 100% guarantee can be made regarding the security of any data transmission over the Internet or any wireless network. Customers accordingly acknowledge that: 1) there are security and privacy limitations respecting data transmissions over the Internet and in wireless networks; 2) the Company shall have no liability to any customer or third party for any loss, disclosure, alteration, modification or misuse of information transmitted via the Internet or wirelessly; and 3) any information transmitted over the Internet or wirelessly may be subject to viewing or being tampered with by an unauthorized third party.

PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO ENTERING INTO A PURCHASE AGREEMENT. THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN A CUSTOMER AND THE COMPANY RESPECTING CUSTOMER’S ACCESS TO THE COMPANY’S PRODUCT ON THE WEBSITE. BY PURCHASING A TICKET, A CUSTOMER AGREES AND CONSENTS TO BE BOUND BY THESE TERMS, INCLUDING BUT NOT LIMITED TO THE COMPANY REFUND POLICY. A CUSTOMER CONSENT TO BE BOUND BY THESE TERMS OF SERVICE BY PURCHASING A TICKET SHALL HAVE THE SAME LEGAL EFFECT AND IMPORT AS IF THE CUSTOMER HAD PERSONALLY SIGNED AN ORIGINAL WRITTEN VERSION OF THESE TERMS OF USE. UNLESS OTHERWISE PROVIDED HEREIN, CUSTOMER AGREES TO BE BOUND BY THESE TERMS OF USE EACH AND EVERY TIME CUSTOMER ACCESSES OR USES THE WEBSITE, UNLESS OTHERWISE SPECIFICALLY PROVIDED HEREIN, CUSTOMER ACKNOWLEDGES THAT COMPANY MAY IN ITS DISCRETION, WITH OR WITHOUT NOTICE TO CUSTOMERS, CHANGE THESE TERMS AT ANY TIME OR FROM TIME TO TIME, FOR ANY REASON. ANY SUCH CHANGES WILL BECOME EFFECTIVE UPON POSTING SUCH CHANGES ON THE WEBSITE. IT IS IMPORTANT FOR YOU TO VISIT THIS PAGE PERIODICALLY TO REVIEW THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS, PLEASE DO NOT USE THE WEBSITE.

All defined terms set forth in the Terms of Use available and displayed on the Website shall have the same meaning in this Agreement. For ease of reading this Agreement, we have repeated certain of the defined terms here. Certain other additional defined terms with regard to this Agreement are listed below:

The “Product or Products” shall mean and include all the text, materials, concepts, music, program materials, photographic images, manuals, narratives, design, graphics, videos or any other content accessible and available exclusively to customers and containing Content for which a Customer pays the Company For precision, subject to the terms hereof and the Company’s Terms of Use, Service includes the right to access and view (but not download), the TPM LIVE Conference 2020 products as per the terms of their ticket price. Those with a “Photography” Pass will get access to the online streaming content for 30 days after the live conference. Those with the “Platinum” Pass will get lifetime streaming access to the online content, for as long as they wish or for as long as the Company is in operation.

REFUND POLICY
All sales are final. We will not be offering refunds, credits, or exchanges for purchases of the “Photography” Pass or “Platinum” Pass. Any chargebacks or disputes for a ticket will be contested with the customer’s financial institution and our credit card processing service, and this policy, provided to the customer at the time of purchase in these Terms and clearly presented in the Company website’s Frequently Asked Questions, which are available to view prior to purchase. This policy will be presented to all interested parties with additional documentation to counter any claims of this nature.

Customers shall mean individuals who: a) are at least eighteen (18) years of age or older (or if less than 18, have reached the age of majority in the state or other jurisdiction in which he or she resides and can enter into binding, legally enforceable agreements); b) have registered a unique user ID and password approved by the Company entitling them to access; 3) have hereby agreed to the Terms and Conditions set forth in this Agreement, the Terms of Use, and Privacy Policy otherwise set forth and made available on the Website; and, 4) has provided the Company with a Payment Source and arranged with the Payment Source to pay in advance of receiving the Product or Products.

“Payment Source” shall mean a current, valid, accepted means for paying the product or products in either the form of a debit or credit card specifically listed on the Website (along with the necessary ancillary account information) for the Company to bill the product fee.

“Content” shall mean any all text, music, information, materials, concepts, program materials, photographic images, manuals, narratives, design, graphics, videos or any other content offered by the Company on or in Website or Service.

“Terms of Use” shall have the meaning set forth under the Terms of Use section of the Website.

“Privacy Policy” shall mean the Company’s privacy policy adopted and displayed by the Company on its Website.

“Confidential Information” shall mean any and all Company proprietary and confidential information, including but not limited to any Content but specifically excluding any customer content.

Customers acknowledge, represent, and warrant that each will refrain from infringing on the Company’s or any third party’s intellectual property rights. Upon notification of potential infringement by any customer, we will investigate a claim of the potential infringement and may, upon completion of that investigation, a) remove the objectionable Customer Content from the Website; b) terminate the submitting Customer’s authorization to submit further Customer Content in photographic or video image form or any narrative or written form; or c) all of the above.

As a customer, you agree not to use our Website or Service (including any Content contained therein), to upload, post or otherwise transmit any customer content that: 1) violates any local, state, federal or international laws, rules or regulations; 2) infringes upon any trademark, service mark, patent, copyright, trade secret or any other property right or breaches any confidentiality or non-disclosure agreement; 3) contains any private personally identifiable information about any party; 4) contains software viruses or other code files capable of limiting or impairing our ability to deliver the Website or the Service (including any Content contained therein); 5) contains photographic or video images, text , narrative, design or any other content to which a customer does not have full ownership rights or an enforceable non-exclusive, royalty-free, worldwide, license, sublicense, distribution or sub-distribution right to transmit or display such image content in a public, commercial setting in any medium without geographic or other limitation in perpetuity; 6) contains any advertising, promotional, misleading metadata, spam, robots, spiders, offline readers, junk mail, scams or solicitation content; 7) contain links to other websites; or 8) contains video or music.

Notwithstanding anything contained herein to the contrary, the Company reserves the right, exercisable at any time in its absolute discretion for any reason not specifically referenced above, to decline to include any submitted Customer Content for access and view by Customers.

DISCLAIMER OF WARRANTIES

ANY CUSTOMER’S USAGE OF THE WEBSITE OR SERVICE PROVIDED ON OR THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) IS AT CUSTOMER’S OWN RISK. THE WEBSITE AND SERVICES (INCLUDING ANY CONTENT CONTAINED THEREIN) ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. CUSTOMERS ACKNOWLEDGES AND AGREES THAT THE COMPANY HAS MADE, AND HEREBY DOES NOT MAKE ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY (INCLUDING ITS AGENTS, EMPLOYEES, DIRECTORS, AND OFFICERS) HAS NOT MADE AND DOES NOT MAKE ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND SERVICE PROVIDED THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN). WITHOUT LIMITING THE FOREGOING, COMPANY (INCLUDING ITS AGENTS, EMPLOYEES, DIRECTORS, AND OFFICERS) DOES NOT PROMISE THAT THE WEBSITE OR SERVICE PROVIDED THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) WILL BE ACCURATE, RELIABLE, PROMISE ANY SPECIFIC RESULTS, BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR SERVICES OBTAINED THROUGH THE WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN) OR THE SERVER OR NETWORK CONNECTIONS OR SOFTWARE THAT MAKE THE WEBSITE OR SERVICES (INCLUDING ANY CONTENT CONTAINED THEREIN) AVAILABLE ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN) WILL OTHERWISE MEET CUSTOMER’S NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE AT ANY TIME SHALL LIMIT THIS DISCLAIMER OF WARRANTIES OR OTHERWISE CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR CUSTOMER CONTENT POSTED, UPLOADED OR OTHERWISE TRANSMITTED TO THE WEBSITE. NOTHING CONTAINED HEREIN SHALL AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY (OR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) BE LIABLE TO ANY CUSTOMER OR THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER THEORY LOSS, ARISING FROM ANY CUSTOMER’S USAGE OF THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN) OR ANY SOFTWARE OR HARDWARE USED TO MAKE THE WEBSITE OR SERVICES (INCLUDING ANY CONTENT CONTAINED THEREIN) AVAILABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CUSTOMER’S EXCLUSIVE REMEDY AND COMPANY’S TOTAL LIABILITY TO YOU, IF ANY, FOR ANY CLAIM WHATSOEVER, REGARDLESS OF THE CLAIM THEORY (WHETHER BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE) OR THE EXISTENCE OF MULTIPLE CLAIMS, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT PAID, IF ANY, BY CUSTOMER TO THE COMPANY FOR ITS TICKET TO THE TPMLIVE 2020 EVENT.

THIRD-PARTY LINKS, THIRD PARTY ADVERTISING LINKS, AND SERVICES OR PRODUCTS OFFERED

The Company’s Website and Service (and any Content contained therein) may contain links to other websites that are not operated by the Company and which may or may not offer goods or services for sale or lease (“Third Party Links”). In addition, the Company from time to time may include links to third-party advertising, sponsorship or promotional materials on the Website or Service (including any Content contained therein) (“Third Party Advertising Link Content” or “ Third Party Advertiser Link”). Third-Party Links or Advertisers are responsible for ensuring that material submitted for inclusion on our Website and Service (including any Content contained therein) is accurate and complies with applicable laws. The Company does not monitor the accuracy of the material provided or the products or services provided by Third Party Links or Advertisers.

COMPANY DOES NOT ENDORSE, GUARANTEE, WARRANTY, OR RECOMMEND ANY PRODUCTS OR SERVICES OR PROMOTIONS OFFERED BY SUCH THIRD-PARTY LINKS OR THIRD PARTY ADVERTISER LINKS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT, PROMOTION OR SERVICE CONTAINED IN THIRD-PARTY LINKS OR THIRD PARTY LINK ADVERTISING CONTENT CONTAINED ON THE WEBSITE OR SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN). CUSTOMERS acknowledge that the foregoing disclaimer applies without limitation to any and all written or oral references or mere mentions of goods, products, services, promotions or other information even if, solely or in combination, by use of such third party’s trade name, trademark, manufacturer, supplier, advertiser or otherwise.

CUSTOMERS acknowledge that, in leaving the Website or Service (including any Content contained therein) to use such Third Party Links or Third Party Advertising Links or purchasing a product from a Third Party Link or Third Party Advertising Link, it does so at its own risk. Such Third-Party Links and Third Party Link Advertisers each operate its own processing, fulfillment, billing and customer service, and a Customer’s purchases of goods or services are governed solely by terms and conditions of sale established by such Third Party Link or Third Party Advertising Link (including any and all warranties, (whether express or implied), disclaimer of warranties, limitation of liability) and any privacy policies.

CUSTOMER INDEMNIFICATION

CUSTOMER agrees to hold harmless, defend and indemnify the Company (including its agents, officers, directors, employees, and successors and assigns) from and against any and all loss damage and expense (including for reasonable attorneys fees) from any third party claim, demand or action arising out of Customer’s breach of any of its obligations, warranties or representations under this Agreement

ARBITRATION

Any controversy or claim between Customer and Company arising out of or relating to the Website or Service shall be addressed solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, excluding, however: a) any and all Company claims by the Company against a Customer to collect any sums due under these Terms of Service b) any and all actions by the Company to recover damages from a Customer for a violation of these Terms of and; c) any action by the Company to enjoin and prohibit Customer from engaging in behavior in contravention of the Company’s Terms of Use on or in connection with the Website or Service (including any Content contained therein)

Any such controversy or claim not excluded under the immediately preceding subparagraphs a), b) or c) shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

Any arbitration proceeding shall be conducted in the City or County of Los Angeles, California and any arbitration award may be enforceable in any court having jurisdiction thereof. Either party may seek any interim or preliminary protective order from a court of competent jurisdiction in the City or County of Los Angeles California pending the completion of arbitration. Each party shall split the arbitration fees and costs on a 50-50 basis, provided, however, that each party will bear its own attorney fees.

GENERAL TERMS

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Customers agree to submit to the personal jurisdiction and venue of such courts. If any of the terms and conditions contained in these Terms of Use are held by a court of competent jurisdiction or an arbitration award to be contrary to law, such interpretation shall be changed and interpreted such that it best accomplishes the intent and objectives of the original provision to the fullest extent allowed by law, with the understanding that all other non-conflicting provisions will remain in full force and effect. The Company’s failure to enforce or insist upon strict performance of any Customer’s obligations or the Company’s failure to exercise any of its rights or remedies under these Terms of Use shall not constitute a waiver of rights and remedies in any individual or a multiple number of instances. Any and all provisions of these Terms of Use shall survive any termination or expiration of this Agreement.