METal International Terms and Conditions 2018
THESE TERMS AND CONDITIONS GOVERN YOUR PARTICIPATION AND ACCESS TO EVENTS, BENEFITS AND PRIVILEGES OFFERED BY METAL INTERNATIONAL, LLC (“METal”) AND YOUR ACCEPTANCE IS A CONDITION OF YOUR SUBSCRIPTION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU DO NOT WISH TO SUBSCRIBE TO A METaL SUBSCRIPTION, PLEASE EXIT THIS REGISTRATION.
TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS (“Terms and Conditions”) shall govern your rights, privileges, and obligations as a subscriber of membership services offered by METal. For reference, you shall be referred to as “you” or “Member.”
- Definitions. “Code of Conduct” means the standards of conduct required of every Member as a condition of their Subscription.
“Guest(s)” means anyone who is not a Member that attends an Event by invitation from a Member or by METal.
“Effective Date” means the date when you have both accepted these Terms and Conditions and have been confirmed as an active Member by METal.
“Executive Team” means the officers of METal.
“Email List” means the email list-serve of Members.
“Event(s)” means any event, conference, party, meeting or excursion hosted by METal.
“FastPass” means the pre-paid Member account, which may be used to purchase access to Events and other METal selected products and services. Members may charge their FastPass in a minimum of $140 increments.
“Membership Term” means the period of your Subscription commencing on the Effective Date and expires on December 31, 2018, unless earlier terminated pursuant to Section 6 below.
“METal Trips” mean any group excursion hosted by METal.
“Referral Member” means a Member that refers and endorses a Guest to apply for a membership Subscription.
“Saturday Event” means the Saturday morning breakfast Event hosted by METal.
“Site” means the private METal Member’s website at the URL to be assigned by METal.
“Social” – social network portion of the Site containing Member profiles and other social networking features.
“Membership Subscription” means your access to the Membership Benefits and status as a Member.
“Membership Subscription Fees” means the fees from the date you subscribed as a METal Member until December 31st, 2018 charged by METal in consideration of your Subscription.
“Trial Program Subscription” means a probationary trial Subscription period whereby you may be afforded limited access to Membership Benefits for a period of time as determined in METal’s sole and absolute discretion.
- Our Mission. METal is a for-profit business organization designed to produce for its members an exclusive gathering of and for dynamic entrepreneurs and change-makers in the media, entertainment and technology space. Its events range from talks with high-profile thinkers to connecting ideas and collaboration in our community. Our objective is to maintain the quality and integrity of the membership, the interactions among members and to foster new business opportunities based upon strategic relationships and introductions among its members. Because of this objective, it is imperative that the Company maintains the highest standards for membership eligibility, to ensure an environment of trust, collaboration, and success.
- Code of Conduct. At all times during the Membership Term, you shall adhere to the Code of Conduct located at the top menu of the members website (the “Code of Conduct’). METal reserves the right, in its sole discretion, to modify the Code of Conduct upon written notice to you. A notice on your Member profile shall be deemed proper. We reserve the right to refuse anyone regarding membership or event access.
4. Membership Plans. In addition to any admission fees associated with attendance at Events, every Member shall pay their annual Membership Subscription Fees as follows:
|Subscription Term||Month Prorated||Total Annual Membership Fees|
|January 2018 – December 31st, 2018||January prorated after the 1st||$1,200.00|
|February 2018 – December 31st, 2018||February prorated after the 1st||$1,100.00|
|March 2018 – December 31st, 2018||March prorated after the 1st||$1,000.00|
|April 2018 – December 31st, 2018||April prorated after the 1st||$900.00|
|May 2018 – December 31st, 2018||May prorated after the 1st||$800.00|
|June 2018 – December 31st, 2018||June prorated after the 1st||$700.00|
|July 2018 – December 31st, 2018||July prorated after the 1st||$600.00|
|August 2018 – December 31st, 2018||August prorated after the 1st||$500.00|
|September 2018 – December 31st, 2018||September prorated after the 1st||$400.00|
|October 2018 – December 31st, 2018||October prorated after the 1st||$300.00|
|November 2018 – December 31st, 2018||November prorated after the 1st||$200.00|
|December 1st 2018 – December 31st, 2018||December prorated after the 1st||$100.00|
Annual Membership must be paid in full up front and is non-refundable. The Annual membership is dependent upon when Membership Subscription is initiated. By way of illustration, and not by limitation, if the Member initiates after the 1st of the month, that first month will be prorated, but the remaining Subscription balance shall be due in full upon initiation of Membership Subscription.
Payment options of cash or check will not be subjected to additional fees. Additional fees, such as processing fees, will apply for Credit Card or PayPal payments. An additional $25 non-sufficient-funds fee will be applied towards the annual payment for any check bounces.
This Membership Subscription is an annual obligation of each Member. The term of your Membership Subscription ends at 11:59 PM PST on December 31, 2018. Any subsequent Membership Subscription beyond the December 31, 2018 expiration date shall be subject to METal’s new Terms and Conditions, which will require the signature of an authorized METal officer.
- Membership Benefits. During the Membership Term, METal shall provide Member with the following Membership Benefits:
- Discounted pricing to attend METal Events ($35 Entry fee, additional $5 charge for Entrance Fee if there is Maybe, NO RSVP or LATE RSVP)
- Online METal profile and access to Social, including secure membership payment options
- Access to the Email List
- Access to all METal Members on Social
- The view which METal Members attended which Events
- Archived video talks from featured speakers at Events
- Discounted access to attend METal Trips
- Eligibility to be selected as the METal Man of the Year Award
Applicants must be at least 21 years of age to be eligible for Membership. METal’s management may, on a case by case basis and in its sole discretion, accept applications and offer Memberships to applicants that are under 21 years of age.
- Events, Trial Program, and FastPass. While METal will exercise reasonable efforts to accommodate Members at Events, space may be limited, so every member is encouraged to send in his RSVP as early as possible for every Event. METal does not guarantee available space at the events for guests or Members with maybe or no RSVP.
Generally, Events shall be open to male and female Members and Guests, with the exception of the Saturday Event, which is a male-only Event. Additionally, certain METal Trips may also be restricted to men and/or women Members.
The 2018 Saturday Event fees will be charged at a rate of $35 for Members and $50 for Non-Members with RSVP, “YES”. There will be an additional entrance fee of $5 for Members who have not RSVP’d, RSVP’d “NO” or RSVP’d after 6:00 pm on the Friday before the event. METal requires all guests to RSVP and/or register online. All prepaid payments are non-refundable unless the member or guest cancels within 24 hours (6:00 pm on Thursday) from the RSVP deadline (6:00 pm on Friday).
An additional $25 non-sufficient-funds fee will be applied towards the events payment for any check bounces.
METal requires all guests after their first METal event, to make a decision of becoming a member or not. If the guest chooses to become a member, the process will begin with the METal Trial Program.
The process of applying for membership takes approximately up to three weeks. During this period, as part of your Trial Program, you may continue attending the Saturday Events as a prospective member (i.e. guest). It will be required of you, as a candidate for membership, to attend the Saturday Events consecutively during your Trial Program and meet with a minimum of five METal Members. It is also required for the prospective member to fill out the Membership questionnaire and form during this consideration period. The application process for prospective members will be provided either at the Events or through e-mail notification after your initial attendance.
The fee for a Trial Subscription is $200 (non-refundable) which covers three (3) consecutive METal Saturday Events. If you decline to commit to a Trial Subscription, you will not have to pay the additional fee for subsequent Saturday Events, but will not be allowed to attend any future Events for six (6) months. After six months you will be able to attend Events as a non-member, but no more frequently than every 4 months.
Participants under Trial Program are not considered METal Members. At all times during the Trial Subscription, you are required to adhere to the Code of Conduct located at the top menu of the METal website (the “Code of Conduct”). METal reserves the right, in its sole discretion, to modify the Code of Conduct upon written notice to you. A notice on your profile shall be deemed proper. We reserve the right to refuse membership, Trial Subscription, or Event access to anyone for any reason or no reason, in our sole and absolute discretion.
FastPass users may access Events in the express check-in line. Members may charge their FastPass account in a minimum of $140.00 increments. FastPass may also be used at select industry-related Events to obtain special discounts for METal Members. FastPass balances are to be used towards the METal events and cannot be transferred or used towards Membership Fees. Unless otherwise expressly provided herein, no Member shall be entitled to a refund of any balance remaining on their FastPass. There will be a $25 replacement charge for lost members cards. METal reserves the right to refuse anyone regarding Membership Subscription or Event access and/or membership if it determines, in its sole and absolute discretion, for any reason or no reason. If METal terminates access to any Member’s Subscription without stating cause, then such termination shall be deemed a termination for convenience.
- Termination. Either party may terminate your Subscription upon written notice to the other party.
(a) If METal terminates your Membership Subscription for a breach of these Terms and Conditions, the Code of Conduct or Terms of Service, you shall not be entitled to a refund of any advanced Membership Subscription Fees. METal may, in its sole discretion, give you a warning and/or opportunity to cure such breach before terminating your Membership Subscription. Any such accommodation shall not be considered a standard practice or entitlement, and METal hereby expressly reserves its rights to terminate any Membership Subscription without warning or opportunity to cure.
(b) If METal terminates your Membership Subscription for convenience, you shall be entitled to a refund of the pro-rata balance remaining on any pre-paid portion of your Membership Subscription Fees.
(c) If you are permitted to be re-considered for applying for a terminated Membership Subscription by METal (as determined in its sole discretion) during the same year of such termination, you will be required to start such re-admission process as a Trial Program. This does not guarantee that your full Membership Benefits Subscription will be approved.
- Publicity Rights. You understand and acknowledge that Events may be filmed or photographed for METal’s business purposes including creating content for its Members and the public. As such, you consent to being filmed at any Event, and acknowledge that the same may be published, broadcast and/or distributed through any medium now known or hereafter devised. With respect to your appearance in filming and/or photography conducted at any Event, you hereby grant to METal an unlimited, irrevocable, non-exclusive, worldwide, perpetual, royalty-free right and license to use, exploit, sub-license, display, publish and broadcast your name, image, photograph, likeness and voice in any medium now known or hereafter devised, without further remuneration to you. You shall have no approval rights over such use, and METal shall not be obligated to use your name, likeness, image, photograph or voice in any respect. METal shall be the sole owner of any copyrights associated with such materials.
- Modification. These Terms and Conditions may be modified in METal’s sole discretion upon written notice to you or publication of such notice to the Site. If you do not agree with the modified Terms and Conditions, you may terminate your Subscription without cause as your sole and exclusive remedy. In such event, no Cancellation Fee shall be assessed.
- WARRANTY DISCLAIMER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METal HEREBY DISCLAIMS ALL WARRANTIES RELATED TO YOUR SUBSCRIPTION AND MEMBERSHIP BENEFITS, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- 11. Limitation of Liability. IN NO EVENT SHALL METal BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, WHETHER BY COMMON LAW OR STATUTE, ARISING HEREFROM OR RELATED HERETO IN ANY CAUSES OF ACTION OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. METal’S TOTAL LIABILITY TO YOU FOR EVERY REASON SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO METal FOR THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION THAT CAUSED SUCH LIABILITY.
- 12. General Provisions. The sole relationship between you and METal shall be that of independent contractors with no rights of partnership, agency, or representation. Nothing express or implied herein shall confer upon any third party any rights, remedies, obligations, or liabilities. These Terms and Conditions, the Code of Conduct and Terms of Service constitute the entire agreement between you and METal with respect to the subject matter hereof and supersedes all prior understandings, communications, and agreements between them, written or oral, regarding such subject matter. A waiver of any provision hereof with respect to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to subsequent events. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. These Terms and Conditions and linked references shall be construed in accordance with the laws of the State of California applicable to contracts entered into and wholly to be performed therein, without regard to conflicts of laws provisions. The parties hereby irrevocably consent to the state and federal courts in Los Angeles, California as the sole and exclusive jurisdiction to adjudicate any disputes arising between the parties under this Agreement. Any written notices to be given hereunder shall be delivered via your Member profile account U.S. Mail, express courier, confirmed facsimile, or confirmed email, to such locations, telephone numbers, and addresses as each of us shall notify the other from time to time. In the event of any conflict, ambiguity, or inconsistency between or among the terms and conditions of these Terms and Conditions, the Code of Conduct and Terms of Service attached hereto, the terms and conditions of these Terms and Conditions shall control.