The following additional terms and conditions also apply to all participants:
Participant agrees and understands that the UpStart offerings or any portion of it may be filmed, photographed and/or recorded and that UpStart shall have all rights in and to such film, photographs and/or recording, including the copyright therein. The copyright shall include, but not be limited to, the right to use, re-use, publish, and re-publish and otherwise reproduce, modify, and display any such film, photograph and/or recording for educational and promotional purposes, including without limitation, audiotapes, audio CDs, DVDs, websites, video, or film or any other form of recorded images now available and hereafter developed. Participant and each individual participating in a UpStart offering on participant’s behalf hereby grant the right, without compensation, to film, photograph and/or record the participant and/or any individual participant while participating in a UpStart offering or any portion thereof and they hereby waive any right which they have or may have hereafter in any such film, photograph and/or recording. Participant and each individual participating in a UpStart offering on participant’s behalf also agree not to record by audio, video, photographic or any other means, any portion of UpStart offerings.
Participant acknowledges and agrees that UpStart, in its sole discretion, reserves the right to change any and all aspects of offerings at any time, including but not limited to, program names, themes, content, program, speakers, performers, hosts, moderators, venue, format, date and/or time.
All intellectual property rights in and to UpStart offerings, the offerings content, and all materials distributed at or in connection with the offerings are owned by UpStart and/or the speakers presenting at the offerings. Participant may not use or reproduce or allow anyone, including any individual participant, to use or reproduce any trademarks or other trade names appearing at the offerings, in any offering content, and/or in any of the materials distributed at or in connection with the offerings for any reason without the prior written permission of UpStart. For the avoidance of doubt, nothing in this Agreement shall be deemed to grant participant or any individual participant any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by UpStart or any of its affiliates or grant to participant or any individual participant any right or license to any other intellectual property rights of UpStart, its affiliates, or speakers presenting at UpStart offerings.
UpStart gives no warranties in respect of any aspect of UpStart offerings or any materials related thereto or offered at the offerings and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Neither UpStart nor its affiliates shall have or accept any responsibility or liability for reliance by participant or any person, including any individual participant, on any aspect of UpStart offerings and/or any information provided at or in connection with the offerings.
Other than to the extent required as a matter of law, UpStart shall not be liable for any direct, indirect, special, incidental, or consequential costs, damages, losses, or attorney fees or costs arising directly or indirectly from UpStart offerings, participant’s or any individual participant’s participation in the offerings, or other aspect related to the offerings, or in connection with this Agreement or participation in the offerings. Participant and each individual participant hereby irrevocably and unconditionally agree to release, waive, and discharge UpStart, its directors, officers, agents, and employees (hereinafter referred to as “releasees”) from any and all liabilities, claims, demands, actions, losses, expenses (including reasonably attorneys’ fees and costs), and causes of action whatsoever directly, indirectly, wholly, or partially arising out of or relating to any loss, damage, or injury, including death, that may be sustained by the ED/CEO, anyone associated with the participant organization, or to any property belonging to such persons, while participating in any UpStart offering, and/or while in, on, or upon the premises where UpStart offering(s) is/are being conducted.
The parties agree that each shall treat confidentially all information provided by each party to the other regarding its business and operations. All confidential information provided by a party, including but not limited to any information shared by UpStart with participants or any individual participant as part of or related to the offerings that would be deemed to be of a confidential nature by a reasonable person, shall be used by the other party solely for the purpose of participating in UpStart offerings and shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement, or that is required to be disclosed by or to any regulatory authority, or by judicial or administrative process or otherwise by applicable law.
This Agreement does not create a partnership, joint venture, or other similar relationship between the parties, and no party will have the power to obligate any other party in any manner whatsoever as a result of this Agreement.
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflicts of law principles. The parties agree that any legal action or proceeding with respect to this Agreement may be initiated only in the federal or state courts located in the City of Oakland and County of Alameda, California.
Upon the occurrence of any of the above circumstances, UpStart may, in its sole discretion, take any action that it deems appropriate, including, but not limited to, terminating this Agreement and your participation in UpStart offerings, prohibiting certain individuals from participating in any aspect of UpStart offerings, limiting or modifying your participation in certain aspects of UpStart offerings, and/or requiring the return of grant funds. UpStart may, in its discretion, implement any such action it deems appropriate immediately or may choose to provide for a transition period. UpStart will evaluate each situation on a case-by-case basis and in consultation with individuals and advisors as it determines to be appropriate.
In addition, the participant confirms and represents that the participant is 18+ years old.