License agreement with the Author
This License Agreement (hereinafter referred to as the «Agreement») is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation and is available at https://jugru.org/ for review and acceptance of its terms and conditions, and is concluded between the Organiser — a legal entity on the one hand and the Speaker — an individual who has expressed a desire to participate in the Event as a speaker, on the other hand (hereinafter jointly referred to as the «Parties» and individually as a «Party») on the following:
- TERMS AND DEFINITIONS
- Agreement — this Offer Agreement concluded between the Organiser and the Speaker as a result of the Speaker’s Acceptance of the Offer, granting the Parties the rights and obligations specified in this Offer.
- Acceptance of the Offer — performance by the Speaker of the actions specified in this Offer, indicating the acceptance by this person of the terms and conditions of the Offer in full.
- The site, the Organiser’s platform — the site located at the address: https://jugru.org/, including all pages and subdomains of this address.
- SUBJECT MATTER OF THE AGREEMENT
- The subject of the Agreement is cooperation between the Parties for the purpose of organising conferences, master classes, broadcast recordings, interviews and other events (hereinafter referred to as the «Event») at the Organiser’s platform.
- The Organiser shall provide the platform. The Organiser arranges recording and/or broadcasting, invites participants and advertises the Event and the Speaker, and the Speaker performs at the Event, provides materials, as well as transfers to the Organiser the right to use in full (non-exclusive license) his Work and Performance, recordings of the talk, as well as prepared materials within the framework of the Event.
- Acceptance of the Offer shall be deemed to be the completion and sending of the Speaker’s proposal form containing a link to this Offer, or sending by the Speaker to the Organiser’s email address support@jugru.team of relevant information, such as: full name, position held, work experience, experience in delivering similar talks, contact telephone number and email address, topic of the talks, other information required for the Event. From the moment of acceptance of the Offer, the Speaker shall be deemed to be familiarised with the terms and conditions of this Offer and agree with them.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- The Organiser undertakes to:
- Organise a venue for the Event at its discretion in accordance with the format of the particular Event.
- Organise the recording of the Event and storage of the Event recordings through their own channels.
- To invite participants to the Event if the format of the Event so provides.
- Organise advertising of the Event and the Speaker speaking at the Event.
- Provide the Speaker in a timely manner with the necessary information to prepare their talk and materials of the Event.
- The Organiser has the right to:
- Independently determine the format and timing of the Event and invite participants and Speakers to the Event.
- Independently determine the cost of participation in the Event and the cost of materials and recordings of Speakers’ talks for participants, listeners and/or other third parties.
- Independently determine the format of advertising of the Event and the Speaker, as well as the format of attracting participants and listeners to the Event.
- Use for the purposes of the Agreement the Speaker’s photo and video images, data of their biography provided by the Speaker for the purposes of execution of the Agreement or obtained by the Organiser from public sources.
- Prevent the Speaker from participating in the Event if the Speaker fails to fulfil the obligations stipulated in clauses 3.3.2 and 3.3.3 of the Agreement.
- The Speaker undertakes to:
- Speak at the Event within the time and format agreed by the Parties.
- Grant the Organiser the rights to use their talk, recordings of the talk, as well as prepared materials within the framework of the Event.
- Agree with the Organiser the promotional materials used by the Speaker in case the Speaker promotes the Event, if they differ from those recommended by the Organiser.
- Perform in full the actions in favour of the Event participants provided by the download files, promo codes, promotional offers and other special offers provided by the Speaker to the Event participants (hereinafter referred to as «Bonuses»).
- Agree with the Organiser the content of the talk, as well as terms and conditions of validity of the Bonuses (if any).
- The Speaker has the right to:
- By agreement with the Organiser transfer promotional materials, Bonuses to the participants of the Event.
- Receive photo, audio, video recordings of their talk at the Event.
- Unilaterally withdraw from the Agreement by notifying the Organiser by sending a notice to the e-mail address specified in the Agreement.
- The Speaker guarantees that their talks, materials, Bonuses are free from any rights and claims of third parties, including in the field of intellectual property, copyright and neighbouring rights, and are not subject to any dispute. In case of any disputes or claims from third parties in relation to copyright, as well as in connection with the use of materials and performances handed over to the Organiser, the Speaker undertakes to settle all issues as soon as possible, using their own resources and means.
- The Speaker grants the Organiser the right to use the Speaker’s photo and video images, as well as the Speaker’s biography data, which the Speaker will provide to the Organiser for conducting and advertising the Event, or obtained by the Organiser from public sources, as part of any promotional materials of the Event without any additional agreement.
- The Speaker grants the Organiser the right to process their personal data specified in clause 2.3 of the Agreement in accordance with the requirements, principles and rules established by the Federal Law of 27 July 2006 No. 152-FZ «On Personal Data», solely for the purposes of execution of this Agreement.
- The Organiser undertakes to:
- SETTLEMENT PROCEDURE
- The Parties have agreed that the remuneration of the Speaker shall be the provision of counter services by the Organiser to the Speaker in accordance with clause 2.2 of the Agreement. Additional monetary payments by the Parties to each other are not stipulated.
- PROCEDURE FOR ACCEPTANCE OF SERVICES RENDERED
- The Parties have agreed that no acceptance certificates shall be drawn up under the Agreement.
- If within 5 (five) working days after the Event the Party has not received a written claim from the other Party, the services shall be deemed to have been rendered and accepted without any comments.
- EXCLUSIVE RIGHTS
- Based on the provisions of Articles 1225, 1259, 1304 of the Civil Code of the Russian Federation, the Speaker’s talk and the materials of the Work under the Agreement are the results of intellectual activity and objects of copyright and related rights.
- The Speaker for each Event from the date of application submission grants the Organiser the right to use the results of intellectual activity obtained in the course of the Agreement (hereinafter — the «Results of Intellectual Activity») on the terms of a simple (non-exclusive) license, without the right to transfer the rights to use the Results of Intellectual Activity to third parties (to conclude a sub-license agreement), with the Speaker retaining the right to independently use the Results of Intellectual Activity, as well as the right to grant a license to other parties (based on the Articles 1235, 1286, 1288, 1308 of the Civil Code of the Russian Federation).
- The Organiser shall be granted the rights provided for by the current legislation of the Russian Federation to use the Results of Intellectual Activity in any form and in any manner not contrary to the law as specified in Articles 1229, 1270 of the Civil Code of the Russian Federation, including the right to reproduction, distribution, public display, import, rental, public performance, broadcasting, cablecasting, rebroadcasting, translation or other processing, communication to the public.
- The Organiser’s use of the Results of Intellectual Activity is allowed on the territory of the whole world.
- The rights to use the Results of Intellectual Activity shall be transferred by the Speaker to the Organiser for the entire term of validity of the exclusive rights regardless of the term of this Agreement.
- The cost of transferring the rights to use the Results of Intellectual Activity (talk and materials) is included in the Speaker’s remuneration provided for in clause 4.1 of the Agreement.
- The Parties have agreed that no reports on the use of the results of intellectual activity shall be provided under the Agreement.
- LIABILITY OF THE PARTIES
- The Parties shall be liable for failure to fulfil or improper fulfilment of obligations under the Agreement in accordance with the current legislation of the Russian Federation.
- The Parties shall take all necessary measures to resolve any disputes arising in the course of fulfilment of the Agreement through negotiations. If the Parties fail to reach an agreement in the course of negotiations, the arisen disputes shall be subject to consideration by the competent court at the Organiser’s location.
- AGREEMENT CONCLUSION PROCEDURE
- This Agreement is a License Agreement pursuant to Article 1235 of the Civil Code of the Russian Federation, the terms and conditions of which are determined by the Organiser and may be accepted by the Author not otherwise than by acceding to the proposed Agreement as a whole.
- This Agreement is concluded by the Author’s conclusive actions as an acceptance by sending by the Author a proposal for participation in the Event on the official website of the Event.