Last updated: 07/22/2019
Please read these terms and conditions before submitting a registration form at clouddatasummit.com (the “Site”) to host an event during Cloud Data Summit (an “Event Host or Speaker Registration Form”). By submitting an Event Host or Speaker Registration Form, the person, company or other entity (the “Event Host”) hereby agrees to be subject to and bound by the following Terms and Conditions (“Terms”).
DIGR LLC, a Missouri limited liability company (“Global Promoter”) and the Applicable Local Promoter(s) for the location of the Event (collectively, the “Promoters”) are promoting one or more events to take place at the dates and times specified on clouddatasummit.com. The Event Host or Speaker that submits the Event Host or Speaker Registration Form agrees to host and produce an event or activity for Cloud Data Summit (the “Event”), as detailed in the Event Host or Speaker Registration Form. Global Promoter will promote the Event on the Site, any mobile device applications it offers or through any other media channels in such manner as it determines in its sole discretion. The Applicable Local Promoter may also promote the Event in such manner as it determines.
Unless Event Host enters into a separate agreement with Global Promoter and/or the Applicable Local Promoter that supersedes some or all of the provisions of this paragraph (a “Separate Agreement”), the following provisions will apply: (i) Event Host may promote the event in whatever manner it determines, subject to these Terms and Conditions, provided that such promotional initiatives and their cost will be the sole responsibility of Event Host; and (ii) Event Host will neither have any authority to bind or commit Global Partner or the Applicable Local Promoter in any manner nor will Event Host represent to any person that it is an agent of the Global Promoter or the Applicable Local Promoter or is otherwise authorized to bind Global Promoter or Applicable Local Promoter to any transaction.
Use of Intellectual Property
If the event session is approved, the Event Host or Speaker will have the right to use the name and/or trademark “Cloud Data Summit“ (the “Mark”); provided that such use is solely for promotional purposes limited to advertising or marketing of the Event and is not to indicate in any way an endorsement of any product, service or internet site of the Event Host. Notwithstanding the foregoing, if Event Host or Speaker uses the Mark in any way which is distasteful, unprofessional, unethical or otherwise harmful to the Mark and/or Global Promoter in Global Promoter’s sole determination, Event Host or Speaker will immediately cease such use of the Mark and take all reasonable actions to remove such use of the Mark from circulation upon written request by Global Promoter. Global Promoter will at all times retain ownership of the Mark and all of its other marks and any goodwill arising therefrom. Global Promoter grants no right to Event Host or Speaker to create modifications or derivatives of the Mark or combine the Mark or elements of the Mark with other marks. Event Host or Speaker hereby grants the Promoters the worldwide, perpetual right and license to use Event Host’s or Speaker’s name, logo, image or other trademarks and copyrights; provided that such use is solely for the Promoters’ advertising, publicity and marketing communications in the context of the Event.
Submission of an Event Host or Speaker Registration Form does not guarantee an acceptance of the proposed event by the Promoters as an Event. After receiving the Event Host or Speaker Registration Form, the Promoters may request additional detail or modifications regarding the proposed event’s structure and activities prior to accepting the proposed event as an Event. The Promoters reserve the right to reject any proposed event due to unsuitability or any other reason.
You agree to ensure that your session is a Sales‐Free Zone. Unless specifically designated, Cloud Data Summit programs are non‐commercial forums. Individuals are to refrain from the use of all specific product endorsements. Under no circumstances shall the Cloud Data Summit speaking platform be used as a place for direct promotion of a speaker’s product, service or monetary self‐interest. Selling from the podium is defined as:
a. Making a sales transaction.
b. Using your session to develop a mailing list.
c. Handing out price lists.
d. Encouraging participants to contact the speaker by telling session attendees how the speaker can be reached and/or discussing engagements/fees.
e. Discounting others’ views, models, or products in the session.
Non‐Discriminatory Presentation Guidelines: Instructors must refrain from overt statements or offensive humor, which would disparage the dignity of any individual or group. Following are some non‐discriminatory presentation guidelines:
a. Use non‐discriminatory words in verbal and written communications.
b. If you encourage audience participation, acknowledge and give equal opportunity for contribution.
c. Avoid discriminatory jokes (e.g., belittling a person’s sex, race, or age, or perpetuating a stereotype).
d. Avoid references to personal/physical attributes. Acknowledge professional positions, skills, and contributions to the industry. Be consistent in the use of names and titles, giving the same type of information and level of formality for each. As an example: “Ms. Mary Jones, Vice President of ABC Presentations, and Mr. John Smith, Sales Manager of Smith & Associates, will join us today.”
f. Avoid visual aids that show people in stereotypical roles. Regardless of sex, race, age groups, etc., present individuals without bias.
Event Host or Speaker agrees to indemnify and hold harmless the Promoters, their parents, subsidiaries, affiliates, officers, directors, members, shareholders, attorneys, agents, employees, contractors, licensors, suppliers, sponsors, co-branders or other partners, and any affiliates of any of the foregoing, from any and all claims, demands, suits, liability, damage, loss, costs, attorneys’ fees and expenses of whatever kind or nature, including but not limited to claims of damage or loss to property or harm of injury to a person or persons, which arise out of any (i) breach of these Terms and Conditions by Event Host or any of its officers, agents, employees or other representatives, (ii) negligence or willful misconduct of Event Host or any of its officers, agents, employees or other representatives, (iii) fraud, misrepresentation or copyright or trademark infringement in connection with Event Host’s name, logo, trademark or copyright used in connection with these Terms and Conditions, the Event or Event Host’s business; (iv) any claim by any third party related to the Event; and (v) any act or omission at the Event or in connection with the Event by any participant, attendant, third party or Event Host or any of their officers, agents, employees or other representatives.
Disclaimer of Warranties; Limitation of Liability
If Event Host is producing an Event that is considered independent and outside any buildings deemed “Cloud Data Summit”, Event Host is responsible for the Event and the Promoters make no representations or warranties regarding the attendees, quality or any portion of the Event or any promotion, advertising or marketing of the Event. Event Host is responsible for providing accurate and up-to-date information regarding the Event, whether such information is provided through (i) the Event Host or Speaker Registration Form, (ii) the event registration and management application that Global Promoter licenses from a third party, and makes available to Event Host through the Site solely on an “as is” and “as available” basis, or (iii) any other method. Event Host hereby releases the Promoters from any and all damages or liability which Event Host might incur as a result of Event Host’s participation in Cloud Data Summit including, without limitation, errors or omissions with respect to any listing of the Event or the Event Host in the Official Registration System or any schedule, calendar, directory, message or communication on any website, application or other media channel the Promoters may use. Event Host or Speaker acknowledges and accepts that the Promoters do not guarantee continuous, uninterrupted or secure access to the schedule, calendar, directory or any other element of the Site, including without limitation its schedule and directory of events and that some or all of these elements may be interfered with or adversely affected by numerous factors or circumstances outside of the Promoters’ control. IN NO EVENT WILL THE PROMOTERS BE LIABLE TO Event Host PURSUANT TO THESE TERMS AND CONDITIONS FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, OR EXEMPLARY OR PUNITIVE DAMAGES REGARDLESS OF THE SOURCE OF THE LIABILITY OR THE LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, CONTRACT, BREACH OF WARRANTY, ABSOLUTE LIABILITY IN TORT, MISREPRESENTATION OR OTHERWISE) UNDER WHICH IT IS ESTABLISHED.
Speaker Content Release Consent
Cloud Data Summit believes in sharing its content as widely as possible. To that end, Cloud Data Summit events such as the Content produced by the Event Host or Speaker during the Cloud Data Summit Event may be photographed and recorded and made publicly available on such sites as Flickr, Livestream, Youtube, Facebook and the Cloud Data Summit website. The Content produced by Event Host during the Cloud Data Summit Event may also be distributed to any or all Cloud Data Summit properties or social media platforms and offered at no cost or sold at the sole discretion of Global Promoter for commercial or non-commercial purposes.
In consideration for the platform provided to you, the Event Host or Speaker, which includes all speakers confirmed to participate during the Cloud Data Summit Event by Event Host or Speaker, grants DIGR LLC (“DIGR”), the owner-operator of Cloud Data Summit, the right to make recordings of and take photographs of Event Host’s or Speaker’s presentation at the Event (the “Records”) and to (i) distribute, broadcast, display, edit, translate or otherwise disseminate the Records, in whole or in part, without any further approval from Event Host, throughout the world, in perpetuity, in any and all media now known or hereafter developed, (ii) license others to do the same and (iii) use the Records for educational purposes, commercial purposes, publicity and promotion of Cloud Data Summit in general. This grant to DIGR includes, but is not limited to, the right to use the Records either alone or together with supporting information, such as Event Host’s name, voice, photograph, likeness and biographical data.
Event Host or Speaker agrees to release DIGR, and its licensees and assignees, from any and all claims Event Host or Speaker may have arising out of Event Host’s participation in the Event and all uses of the Records.
Representations and Warranties of Event Host
Event Host or Speaker represents and warrants that (i) it has the full power, right and authority to enter into these Terms and Conditions and perform its obligations hereunder; (ii) Event Host owns or has valid rights to use all trademarks, copyrights and other intellectual property used by Event Host or provided to Promoter to use in connection with the Event; (iii) the performance of Event Host or Speaker hereunder will not infringe the rights of any third party; (iv) Event Host or Speaker will perform its obligations hereunder in accordance with any and all applicable laws, rules and regulations; and (v) Event Host will not use the name, trademark or logo of Global Promoter, except as provided herein.
The person completing the Event Host or Speaker Registration Form represents and warrants to the Promoters that he/she has the authority to bind Event Host to the Terms and Conditions, and agrees that in the event that such authority does not exist, he/she will be personally liable to the Promoters pursuant to these Terms and Conditions.
These Terms and Conditions will be governed by the laws of the State of Missouri, excluding its choice of law rules, and the United States of America, without reference to any conflict of laws provisions. Any dispute arising from or relating to the subject matter of these Terms and Conditions will be finally settled by arbitration in St. Charles County, Missouri, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of JAMS then in effect. Judgment may be entered on the arbitral award in any court having jurisdiction. The arbitral award will be final and binding. Each party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration; (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; and (iv) to enforce any decision of the arbitrator, including the final award.
These Terms and Conditions contain the entire agreement of the parties hereto with respect to the matters covered herein and may not be modified, discharged or terminated except by (i) a written instrument, signed by the party to be charged, or (ii) a Separate Agreement, which may modify or supersede only the provisions of the paragraph entitled “Event Responsibility” of these Terms and Conditions. Nothing in the foregoing provision, however, will preclude the Promoters from adopting additional rules and regulations, orally or in writing. The Promoters may transfer or assign any or all of their rights and duties under these Terms and Conditions at any time and from time to time without the consent of Event Host. Event Host will not be allowed to assign or transfer any of its rights or duties under these Terms and Conditions without the written consent of the Promoters. Nothing contained in these Terms and Conditions will be construed to make one party the partner, joint venturer, principal, agent or employee of the other party hereto. Event Host or Speaker agrees and acknowledges that the Applicable Local Promoter is an intended third party beneficiary of, and entitled to enforce, these Terms and Conditions independently of, or in association with, Global Promoter. If any provision of these Terms is found to be unlawful, unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The parties intend that these Terms and Conditions should not be construed in favor of or against any party by reason of the extent to which any party or its professional advisors participated in their preparation or drafting.
By completing a Speaker Registration Form for Event, you agree to subscribe to any and all communications regarding the event including, but not limited to, newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected]
Changes To Service
We reserve the right to withdraw or amend our Event, and any service or material we provide via Event, in our sole discretion without notice. We will not be liable if for any reason all or any part of Event is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Event, or the entire Event, to users, including speakers or registered users.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your participation in the Event following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Event after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to present at Event.
No waiver by Global Promoter of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Global Promoter to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect
BY A SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
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