CONTENT PROVIDER AGREEMENT Last Update: April 26, 2013
INTRODUCING EVENTASE, LLC AND ITS ROLE
Welcome to the website Eventase.com (the “Website”) owned and operated by Eventase, LLC (“Eventase”). The Websiteis an online communication and information service which allows: (i) third-party content providers (the “Content Providers”) to disseminate research, educational, and promotional product information for end-user’s benefit and (ii) end-users to use the Website and its Content, as defined below ((i) and (ii) above collectively the “Services”). Eventase provides the Website to you subject to the following Content Provider Agreement (the “Agreement”).
“Content” includes: (i) text, (ii) software, (iii) scripts, (iv) graphics, (v) photos, (vi) sounds, (vii) music, (viii) videos, (ix) audiovisual combinations, (x) interactive features and (xi) other materials you may view on or access through the Website, or contribute to the Services.
Eventase is not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to your Content. You hereby agree to hold Eventase harmless from and against any and all claims that you may have arising out of any Content you uploaded to the Website.
By uploading Content to the Website, you agree that you have read and agree to abide by this Agreement and the applicable provisions of the Terms. Eventase may, in its sole discretion, update, modify, or revise this Agreement at any time with notice to you in accordance with clause 4 of the Terms. Each time you access, browse, upload Content on the Website, or otherwise use the Services, you agree to be bound by this Agreement and the applicable provisions of the Terms then in effect and therefore any continued use of the Website will be deemed a conclusive acceptance of the most recent Agreement and the Terms. Should you object to any terms and conditions of this Agreement or the applicable provisions of the Terms, or to any subsequent modifications thereto, you are not permitted to access, browse, upload Content on the Website or use any of the Services provided on or through the Website by Eventase. If you fail to comply in any way with this Agreement and/or the applicable provisions of the Terms, you must immediately discontinue use of the Services. In the case of any violation of this Agreement, Eventase reserves the right to terminate use and to seek all remedies available by law and in equity for such violations.
APPROVAL OF CONTENT AND CONTENT PROVIDERS
Content Providers may upload only events such as conference, seminar, course, symposium, convention, lecture, speech, lesson, training, promotion or presentation (the “Event”). The Event can only contain Content that is research, educational or promotional product information.
All Content Providers are subject to Eventase's approval, which Eventase may grant or deny in its sole discretion. Eventase reserves the right to review your Content at any time for any purpose. If you wish to become a Content Provider and offer Content other than Event through the Website, you may contact us for such consideration.
Eventase adheres to ethical standards in gathering, using and safeguarding any information you provide to us and values your trust.
You may only upload Content for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your Content and the intended use of it.
SPECIFIC OBLIGATIONS OF CONTENT PROVIDERS
As a Content Provider, utilizing this Website you agree that:
You are fully responsible for all of the Content you provide in, through, or arising out of your Event, and for the accuracy of same. In connection with the Content you provide, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Eventase to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, and otherwise use and exploit such Content on and through the Website in the manner contemplated by this Agreement, and to promote the availability of your Content on and through the Website and its software in any and all media, whether now known or hereafter created.
You or the individuals presenting your Content (“Content Presenters”) have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to present and offer the Content you upload and that the credentials you post on and through the Website are accurate, truthful, complete, and not misleading.
You will not post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous Content.
You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through use of the Website to end-users.
You will not use the Website for any business other than for promoting or selling your Event and your teaching, instructional, or research services to end-users of the Website.
You will not engage in any activity or post Content that will require Eventase to obtain any licenses from or pay any royalties to any third party.
You will not copy, modify or distribute Website Content, including trademarks and copyrights, which you do not own or do not have legal rights over.
You will not interfere with or otherwise prevent other Content Providers from uploading their Content on or otherwise providing it through the Website.
If you are in a state or location where presentation or any form of dissemination of the Content you upload requires a license, credential, certification or other form of governmental or third party license, consent, authorization or permission, you shall ensure that you comply with such requirements.
REGISTRATION AND IDENTITY PROTECTION
In order for us to provide to you the Services, i.e. to make your Event available through the Website and reimburse you for the use of its Content, you will need to register and obtain an account. In so doing, you agree to: (a) provide true, accurate, current and complete information about yourself where prompted in the Website, (b) maintain and promptly update your account information to keep it true, accurate, current and complete; and (c) comply with this Agreement. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of your Content, without Eventase having any liability to you.
You are solely responsible for maintaining the confidentiality of your account access/log in information and for all activities and liabilities associated with or occurring under your account. You must notify us: (a) immediately of any unauthorized use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of your use of the Services. Eventase cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account. However, you agree that you will be liable for any losses incurred by us or another party due to any unauthorized use of your account, excluding only uses following your notification to us of unauthorized access to your account.
If Eventase believes that your account has been compromised, Eventase may require you to update your account access/log in information. Further, Eventase may suspend or limit the use of the account or refuse to provide the Services. In the event Eventase reasonably believes that your actions affect other users or third parties, Eventase may warn such other users or third parties, including law enforcement. Eventase may also investigate any
Any materials, information, communications, ideas or other Content that you, upload, publish, communicate or otherwise transmit or post on or through the Website will be treated as non-confidential and subject to the license below, and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us for the purpose of providing the Services to you as well as marketing and promoting your Content to potential end-users.
Notwithstanding the foregoing, you have the right to remove all or any portion of your uploaded Content from the Website at any time. The removal of such Content would also terminate the grant of rights to Eventase in clause 11 below with respect to such removed Content immediately, however it shall not terminate the grant of rights given to any Website end-users pursuant to clause 7 of the Terms who made any required payment to access or use any of your Content prior to your removal of such Content from the Website and its Services. For the avoidance of doubt, removal of some, but not all, Content shall serve as termination of such rights with respect only to the removed Content but not any other uploaded Content.
EDITING UPLOADED CONTENT
The Content you upload on the Website will not be visible to end-users until you publish it. To make your uploaded Content available to end-users on the Website, you need to publish your Content by clicking the “publish button” and acknowledge acceptance of this Agreement. Once your uploaded Content is published, you cannot edit any portion of it. To edit your published Content you need to unpublish it.
If you do not require a purchase for access to your Event, you can unpublish, edit all your Event settings, and republish your Event at any time, with the exception of the times during which your Event page is being browsed or your Event streamed by someone on the Website.
If you require a purchase for access to your Event, you can unpublish, edit all your Event settings, and republish your Event only: a) before the first purchase has been made and b) during times when your Event page is not being browsed or your Event not streamed by someone on the Website.
After the first purchase of your Event has been made, you will be able to edit only the accessibility setting of your Event, i.e. you will only be able to edit the price for access to your Event or grant free access. You will be able to edit your accessibility settings only when your Event page is not being browsed or your Event not streamed by someone on the Website.
REMOVAL OF UPLOADED CONTENT BY EVENTASE
You acknowledge that Eventase may screen your uploaded Content and shall have the right, in its sole discretion, to remove any uploaded Content, from the Services without any liability to you. Without limiting the foregoing, Eventase has the right to remove any uploaded Content that violates this Agreement or is otherwise objectionable in our sole and absolute discretion.
You agree and acknowledge that Eventase may preserve uploaded Content and may disclose such Content if required to do so by law or in good faith believe that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any uploaded Content violates the rights of third parties or protect our rights, property or personal safety or that of our end-users and the public.
LICENSING UPLOADED CONTENT
11.1. LICENSE TO EVENTASE By uploading or making the Content available to end-users through the Website, you hereby grant to Eventase, solely for the purposes of offering, delivering, marketing, promoting, demonstrating, and selling your Content, and operating the Services, but not for any other purposes, a non-exclusive, world-wide, sublicensable (in accordance with clause 7 of the Terms), royalty-free license to publicly display, distribute, store, transcode, syndicate, broadcast, communicate to the public, reproduce, edit, modify, create derivative works, and otherwise use and exploit your uploaded Content (or any portion or derivative works thereof) through the Website.
This license enables us to provide access to your Content and is not intended to otherwise limit your rights to the Content. You hereby retain any and all rights that you have in your uploaded Content, provided however, that you may not directly license an end-user who acquires or accesses your Content through the Website.
11.2. UPLOADED CONTENT REPRESENTATIONS AND WARRANTIES You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in this Agreement to Eventase with respect to your Content and that Eventase shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Content, or have any liability to you or any other party as a result of any use or exploitation of your Content as authorized in this Agreement.
You acknowledge that the software and technology underlying the Services, as well as all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to an end-user on or through the Website are the proprietary property of Eventase or its Content Providers, which includes you, as a Content Provider, and such content is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.
13.1 ASSIGNING A PRICE FOR ACCESS TO YOUR CONTENT You, as a Content Provider, have the ability, at your sole discretion, to either grant free access to your Content or require a payment.
If you chose to require a payment, you can assign any price amount of 5 U.S. Dollars or greater. The price you assign will be the amount Eventase will remit to you for each single purchase by end-user after the total amount owned to you reaches 50 U.S. Dollars. You can initially assign and subsequently edit your desired price; however, the minimum price you assign has to be at least $5.
13.2 SERVICE FEE For providing its Services, Eventase will add 12% of the end-user price to the price you originally assigned for access to your Content (the “Service Fee”).
13.3 END-USER PRICE The end-user price will be calculated on the basis of your assigned price in such a way that when 12% is subtracted from the end-user price, the difference will equal your assigned price: end-user price – (end-user price *0.12) = your assigned price. For example: if your assigned price is $100, the end-user price will be $113.64 because: 113.64 – (113.64*0.12) = 100.
13.4 REMITTANCE OF PAYMENT Payment shall be made in U.S. Dollars unless otherwise agreed in writing, and shall be remitted via check. You are responsible for providing Eventase with all information necessary for the payment of amounts due to you.
Eventase will issue a payment for amounts 50 U.S. Dollars and over, due to you as a Content Provider for the sale of your Content, by the 15th day of the month following the month in which an Event was purchased.
Amounts, due to you as a Content Provider for the sale of your Content, which are less than 50 U.S. Dollars will be kept in your Eventase account and remitted to you after the total amount reaches 50 U.S. Dollars or more. Eventase will then issue a payment by the 15th day of the month following the month in which the total amount owned to you reaches 50 U.S. Dollars or more.
The Website is created at the direction of and controlled by Eventase in the State of Florida, USA.
You agree that any dispute arising out of or in connection with the Services, shall be heard in the Circuit Court in and for Tallahassee, Leon County, Florida without regard to diversity of jurisdiction or the amount in controversy. You agree that any such dispute shall be heard by a judge and you agree to waive any and all rights to trial by jury.