Terms and Conditions of Presenters, Participants, and Registrants attending the 8th APMF Conference
NOTE: Global Education Academy, the convener of the 8th APMF Conference holds independent contractor status and has no other affiliation with the Asia Pacific Mediation Forum also known as the APMF
All presenters, participants and registrants attending the conference confirm and agree that they have consented to contribute to the conference as participants and that they are aware that their participation or contribution will be recorded on tape or film for the purpose of inclusion in whole or in part.
Attendees hereby agree that the Global Education Academy may use (or refrain from using) and edit in any manner they may think fit the recording of their contribution. Permission to use the contribution for any purpose in the conference and for any purpose in connection with the conference, at the absolute discretion of Global Education Academy. All registrants participating at the 8th APMF Conference agrees that the Global Education Academy may use their contribution throughout the world, including by using it in whole or in part in any publication, television broadcast or any other form of dissemination.
All participants and registrants of the 8th APMF conference waive all moral rights to any contribution to which they might be entitled in any country and assign to you all copyright to their contribution for the duration of the life of the copyright.
Presenters, Participants, and Registrants also agree that Global Education Academy, the convener may use their voice, name, likeness and biographical information in relation to any use to which they may put their contribution and/or any information or views expressed therein in any advertising and publicity relating to them or the APMF conference.
Participants and Registrants warrant that nothing said or implied by them (or in any documents or photographs disclosed at the conference by them) shall infringe the copyright or any other rights of any third party or be defamatory or infringe the right of privacy of any third party and agree to indemnify the conference convener licensees or assignees against any costs, claims, demands or expenses arising out of any breach or claimed breach of this warranty.
Participants and Registrants shall not be entitled to any payment from any source arising out of or by reason of any use to which the contribution or any recording thereof may be put.
All fees including Registration fees, hotel accommodation, dinner and lunch tickets for the conference and Post Conference tickets for to the 8th Asia Pacific Mediation Conference are nonrefundable.
Registration to the conference does not afford the registrant the right to transport to the venue or parking, or merchandise, or any food or beverages at the venue, unless otherwise stated. Other independent service providers might render services to the APMF relating to any third party services such as translation services, transport, parking, merchandise, food or beverages at the venue and in such circumstances, the terms and conditions of such service providers will apply between the 3rd party company who make use of such products or services and the APMF. Global Education Academy is not liable for payment of such services.
Global Education Academy holds third party independent contractor status in organizing the APMF Conference and has no affiliation to the APMF organization.
- This Service Agreement takes effect on November 11th 2017 as of the Effective Date, and remains in full force and effect until the Global Education Academy has completed the Services on November 13th 2017 (the “Term”), unless earlier terminated under this Section 1.
1.2. Global Education Academy may terminate this Service Agreement for cause by providing the other Party written notice if the other Party: (i) is in material breach of this Agreement and has failed to cure such breach within five (5) days after its receipt of written notice of such breach provided by the non-breaching Party; (ii) engages in any unlawful business practice related to that Party’s performance under the Agreement; or (iii) files a petition for bankruptcy, becomes insolvent, acknowledges its insolvency in any manner, ceases to do business, makes an assignment for the benefit of its creditors, or has a receiver, trustee or similar party appointed for its property.
1.3 During the Term, the APMF may engage Global Education Academy to provide the following services as needed (the “Services”), or other such services as mutually agreed upon in writing by the Parties.
1.4 Global Education Academy shall provide the necessary equipment to perform the Services but is not liable for any payment of such services. If Global Education Academy has obtained employees or agents (the “Contractor Personnel”), the APMF shall be solely responsible for all costs associated with the Contractor Personnel.
Independent Contractor Status.
1.5The Parties intend that the Global Education Academy and the APMF be engaged, as independent contractors o. nothing contained in this Agreement will be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.
1.6 Global Education Academy may act as agent for, or on behalf of, the APMF
1.7 The APMF intends that, to the extent the 8th APMF Conference qualifies as a “work made for hire,” or Work Product within the definition of Section 101 of the International Copyright Act (17 U.S.C. § 101), it will be so deemed a work made for hire. The APMF shall transfer and assign to Global Education Academy all rights, titles and interests throughout the world. This transfer and assignment includes, but is not limited to, the right to publish, distribute, make derivative works of, edit, alter or otherwise use the 8th APMF Conference content or Work Product in any way the Global Education Academy sees fit.
1.8 The APMF grants Global Education Academy, a limited, non-exclusive, non-transferable, non-assignable, royalty free, worldwide license to display the 8th APFM Conference Work Product on a platform personally controlled, in whole or in part, by the Global Education Academy.
1.9. Representations. Both Parties represent that they are fully authorized and empowered to enter into this Agreement, and that the performance of the obligations under this Agreement will not violate or infringe upon the rights of any third-party, or violate any agreement between the Parties and any other person, firm or organization or any law or governmental regulation.
2.0. Indemnification. The APMF shall indemnify and hold harmless Global Education Academy, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the services provided by Global Education Academy under this Agreement.
2.1 Each Party (on its behalf and on behalf of its subcontractors, employees or representatives, or agents of any kind) agrees to hold and treat all confidential information of the other Party, including, but not limited to, trade secrets, sales figures, employee and customer information and any other information that the receiving Party reasonably should know is confidential (“Confidential Information”) as confidential and protect the Confidential Information with the same degree of care as each Party uses to protect its own Confidential Information of like nature.
2.2 Confidential Information does not include any information that (i) at the time of the disclosure or thereafter is lawfully obtained from publically available sources generally known by the public (other than as a result of a disclosure by the receiving Party or its representatives); (ii) is available to the receiving Party on a non-confidential basis from a source that is not and was not bound by a confidentiality agreement with respect to the Confidential Information; or (iii) has been independently acquired or developed by the receiving Party without violating its obligations under this Agreement or under any federal or state law.
2.3 Liability. EXCEPT WITH RESPECT TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS, GLOBAL EDUCATION ACADEMY SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS SERVICE AGREEMENT, INCLUDING BODILY INJURY, DEATH, LOSS OF REVENUE, OR PROFITS OR OTHER BENEFITS, AND CLAIMS BY ANY THIRD PARTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.
9.0. Disclaimer of Warranty. THE WARRANTIES CONTAINED HEREIN ARE THE ONLY WARRANTIES MADE BY THE PARTIES HEREUNDER. EACH PARTY MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. GLOBAL EDUCATION ACADEMY DOES NOT PROVIDE ANY WARRANTY THAT OPERATION OF ANY SERVICES HEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE.
2.4 Miscellaneous Provisions.
This Service Agreement, and any accompanying appendices, duplicates, or copies, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this Agreement.
2.5 This Service Agreement may be amended only by written agreement duly executed by an authorized representative of each party (email is acceptable).
2.6 . If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
2.7 This Agreement shall not be assigned by either party without the express consent of the other party.
2.8 A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
2.9 This Agreement is be governed by and construed in accordance with the laws of Vietnam without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement will only be brought, tried and resolved in the applicable courts having jurisdiction in Vietnam.