Speaker Terms
Limitations of Liability
Speaker assumes all such risk and expressly releases, and agrees to indemnify, defend and hold harmless, 360 One Firm Capital LLC (“361Firm”) and this defined term includes all affiliates and their owners, directors, and employees from any and all claims for such loss, injury, or damages.
Furthermore, Speaker releases and discharges 361Firm and its officers, directors, employees, agents, independent contractors, and representatives from any and all liabilities arising out of, or in any way related to, the Selection, rejection, or removal of Affiliate to or from the Event and enforcement of the Agreement.
Speaker also hereby agrees to indemnify, defend and hold harmless 361Firm and its officers, directors, employees, agents, independent contractors, and representatives, from and against any and all losses, damages, suits, claims, causes of action, liabilities, expenses, costs, and attorneys’ fees incurred, arising out of, resulting from Affiliate’s infringement of the intellectual property rights of any third party, or any of its agents, employees, affiliated personnel, officers, directors, shareholders, contractors or representatives, in distributing, selling, or offering to distribute or sell any product or service, in allowing any person to test any product or service, or in offering sample use of any product or service, whether occurring prior to, during or after the Event.
Promotion
Whilst 361Firm endeavors to promote Events and Webinars and to maximize attendance, the nature of our Events and Webinars means that we cannot give any warranties that the intended participants or delegates can and will attend the Event or in the case of a Webinar, that they will view or download it, nor that the promotion and / or any publicity expected by Speaker will be generated.
The following provisions will apply: (i) Speaker 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 the Speaker; and (ii) Speaker will neither have any authority to bind or commit 361Firm in any manner nor will Speaker represent to any person that it is an agent of 361Firm or is otherwise authorized to bind 361Firm to any transaction.
Intellectual Property
Speaker owns all Intellectual Property in the Content and Presentation and nothing in this Agreement transfers any Intellectual Property to 361Firm. In order for 361Firm to obtain the full benefit of Speaker’s Presentation, Speaker grants 361Firm the license set out in the Events and Webinars Clauses, as applicable.
Speaker warrants that the Content is an original work and does not infringe on the rights of any third party, including without limitation Intellectual Property Rights.
To the extent that the Content contains any third party Intellectual Property Rights (other than 361Firm materials), Speaker warrants that they have obtained from such third party the unrestricted, perpetual, worldwide permission for 361Firm and its licensees to use such Intellectual Property Rights in the Content for the purpose of the Event and in accordance with the licenses granted in the Events Clause. All such third-party Intellectual Property Rights shall be identified and acknowledged by Speaker in the Content.
Speaker will indemnify and keep 361Firm indemnified at all times against any and all actions, claims, proceedings, costs, and damages, and all legal costs and other expenses reasonably incurred by 361Firm, or for which 361Firm may become liable, with respect to any Intellectual Property Rights infringement claim relating to or arising out of the Content of Speaker’s Presentation.
Refusal of Content
If in the opinion of 361Firm the Content: (a) is not of a standard suitable for a Webinar or the intended Event; (b) does not fulfill the terms of the Brief or this Agreement; or (c) is not provided to 361Firm on or before the specified date of delivery in the Brief, 361Firm will discuss this with Speaker and attempt to resolve any issues in good faith.
If on conclusion of the discussion outlined above, 361Firm remains of the view that the Content is not suitable, 361Firm may refuse the Content. If 361Firm refuses the Content, the Brief shall be canceled.
Content Release
361Firm believes in sharing its content as widely as possible. To that end, sessions held during the Event may be photographed and recorded, and made publicly available through sites such as Vimeo, YouTube, LinkedIn, Instagram, and the 361Firm website. In consideration for the platform provided to you, the Speaker grants 361Firm the right to make recordings of and take photographs of 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 the Speaker, throughout the world, in perpetuity, in any and all media now known or hereafter developed, (ii) use the Records for educational purposes, commercial purposes, publicity and promotion of 361Firm and Events in general. This grant to 361Firm includes, but is not limited to, the right to use the Records either alone or together with supporting information, such as Speaker’s name, voice photograph, likeness, and biographical data.
Speaker agrees to release 361Firm, and its officers, licensees, and assignees, from any and all claims Speaker may have arising out of Speaker’s participation in the Event and the uses of the Records. Additionally, waives any rights to royalties or other compensation arising or related to the use of Affiliate’s image or recording. Speaker will be consulted about the use of photographs or video recording for any purpose other than those listed above.
There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
This release applies to photographic, audio, or video recordings collected as part of the sessions listed on this document only.
Contact Us
If you have any questions or concerns about these terms, please contact us at info@361firm.com
Additional Information
These terms are part of the 361Firm website Terms of Use and are hereby incorporated in those Terms by reference. Please review the full Terms of Use to make sure you understand all the terms and conditions that apply to your use of the 361Firm App and website.
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