TERMS AND CONDITIONS
of Employer Branding Stars conference for Speakers
§ 1. General provisions
- These Terms and Conditions (“Terms”) set forth the rules for cooperation in an online Conference under the title Employer Branding Stars, described in these Terms, as well as the types, scope and conditions for the electronic provision of services by Controller.
- Insofar as they are used in the Terms herein, the following terms shall be understood as follows:
1) Organizer (Organizer of the Conference) – Employer Branding Institute Ltd. with headquarters at ul. Domaniewska 47/10 in Warsaw, National Court Register (KRS) 0000408919 e-mail: email@example.com, website: https://www.ebinstitute.com
2) Controller – Employer Branding Institute Ltd. with headquarters at ul. Domaniewska 47/10 in Warsaw, National Court Register (KRS) 0000408919 e-mail: firstname.lastname@example.org, website: https://www.ebinstitute.com
3) Speaker – a person presenting their cases study or giving speech during the Conference via the form provided by Organizer;
4) Speech – an online presentation of either case study or masterclass given by the Speaker during the Conference
5) Conference – Employer Branding Stars or any other EBstars satellite event, to take place in venue and time determined by Organizer;
6) Employer Branding Stars (EBstars) –conference consisting of the case studies days in different regions (EMEA, AMERICAS, APAC), Masterclasses held in 3 different regions (EMEA, AMERICAS, APAC), panel sessions, Q&A sessions, presentations, keynotes, awards ceremonies and workshops organized in venue provided by the Organizer;
7) Host – live online events platform used to organize Conference where Participants can interact and connect with each other;
8) Registration – the process of registering for participation in the Conference undertaken by the Speaker via the registration form accessible on the Conference’s webpage, with the intention of agreeing to the Terms of Cooperation between Organizer and Speaker. The Speaker becomes a part of community of the EBstars, which consists of corporates and SME representants after finishing the Registration.
9) Confirmation of Registration – a message sent via e-mail by the Organizer of the Conference in response to a submission made as part of Registration;
10) Portal – the official webpage of the Conference, intended to promote the Conference and to facilitate the Registration of participants, purchase of tickets and other services described in these Terms;
11) EBSA (Employer Branding Stars Academy) – the online portal where the video of the Speeches will be presented to the Participants and other users after the conference
12) Participant – a person who has completed Registration and received Confirmation of Participation from the Organizer. Speaker, Partners and all other people visiting the Conference as spectators are also Participants;
13) User of the Portal (User) – a person accessing the Portal and its functions, including the Ordering Party and Participants;
14) Partner – a natural or legal person who has concluded separate agreements with the Organizer concerning participation in the Conference; Partners of the Conference may be patrons, co-Organizer, media, representatives of the advertising, marketing or other industry, associated directly or indirectly with the subject of the Conference;
15) Services – services provided electronically as defined in the Electronic Services Provision Act of 18 July 2002 (OJ L 2013, item 1422), offered to Users by the Portal, in particular:
- a) Registration of participation in the Conference and Conference itself if provided via electronic means of communication;
- b) Newsletter – a service consisting in the Organizer delivering information about the Conference and the services offered by the Organizer;
- c) purchase of tickets to the Conference and by making payment via one of the means described in section § 3. Payment of these Terms;
- d) any other service provided by Organizer via Portal or any other means of electronic communication;
§ 2. Submission of intent to participate in the Conference
- Performing Registration is equivalent to submission of a declaration of will to conclude a contract with the Organizer on speaking at the Conference, pursuant to these Terms. Performing Registration also indicates acceptance of the provisions of these Terms and of the rules for participation in the Conference; the obligation to perform a Speech and agreeing to the terms of recording and using the recorded video by the Organizer;
- Registration should be performed not later than one day before the Conference is scheduled to begin.
- The Speaker shall undertake to complete the registration form with proper and correct information.
- The Organizer disclaim all liability arising out of incorrect information entered into the registration form by the Ordering Party.
- The Organizer shall forward Confirmation of Participation to the Ordering Party as soon as possible.
- Upon receiving Confirmation of Participation, the Ordering Party becomes a Speaker in the Conference.
- The Organizer reserves the right to publish the names of enterprises and of people participating in the Conference.
§ 3. Giving a Speech at the conference
- The Speaker agrees that the Speech will be recorded online during the conference and released later at EBSA (employerbrandingstarsacademy.com)
- The working topic of the Speech given by the Speaker will be set with Organizer before the conference
- The Speaker declares that he has the necessary specialist knowledge and experience in the subject matter of the Speech
- The Speech shall be creative, unique and individual in character. Granting a licenseto the Speech shall not derive the Speaker the possibility to independently present the content of the Speech during other conferences or symposia, and to use it to create and disseminate other works.
- The Parties agree that the length of the Speech shall amount to 45 minutes .
- Organizer is obliged to promote the Speech and the Speaker at no cost within owned media such as newsletter and conference site as well as social media such as Linkedin, Instagram and Facebook; the Organizer may promote the Speech with paid media and through Partners
- The Organizer is allowed to use the image, title, name of the Speaker to promote the Conference and satellite events with no further agreement.
- The Speaker is entitled to take part in all days of the Conference hosted by the Organizer with no cost
§ 4. Copyright and data protection
- The Speaker shall ensure that the Speech given by him/her does not violate the rights of third parties and that he/she holds exclusive proprietary copyrights to the Speech.
- The Speaker declares that as of date of the Speech comes into being as the work within the meaning of the Act of the Copyright and Related Rights he/she shall:
- grant the license to the Speech, in all forms of exploitation specified in the Article 50 of the Act of the Copyright and Related Rights, in particular in the scope of the following forms of exploitation:
- in the scope of fixing permanently or temporarily and reproducing the Speech in its entirety or partially – fixing, reproducing or producing any number of copies, and in every technique possible, including printing, digital technology, making photo prints, by entering into and storing in a computer memory, on a magnetic information carrier (including magnetic tape, drum memory, on a floppy disk or hard drive), with the use of digital technology, on an optical medium (CD, DVD, HD digital medium), on magnetic-optical medium, on a semiconductor medium (including memory card or USB stick), including the multiplication of copies of the work for commercial distribution on any media appropriate for the technique used, as well as all forms of fixation and reproduction prior to reaching the final form of reproduction including digitization;
- in the scope trading the original or copies on which the Speech is fixed – placing on the market, transfer of ownership by sale or otherwise, lending, renting, making it available to the public;
- public performance, reproduction, exhibition, display and sharing of the Speech and its fragments, both for a fee and free of charge, regardless of the place of exhibition, as well as publicly available in such a way that everyone can have access to it at a place and time chosen by them (with the use of or without the use of interactive services for this purpose);
- in the scope of disseminating the Speech in a manner other than specified above – reproduction, rebroadcasting, displaying, broadcasting, public disclosure, in particular at generally accessible exhibitions, presentation and advertising in the media, recording on electronic media, publications, as well as exhibiting and making available to the public work in such a way that everyone can have access to them in a place and time chosen by them, including through earth stations, via satellite, cable, telecommunications or multimedia networks, databases, servers or other devices and systems, including third parties, in open or closed circuit, in any technique, system or format, with or without the possibility of recording;
- posting on the Internet and internal Intranet;
- deciding on all commercial and marketing aspects of using the Speech
- disseminating, including renting or lending the Speech
2. allow the use of the Speaker’s image recorded as part of the Speech as part of the exercise of proprietary copyrights to the Speech in the scope described in point a. above, including for marketing and advertising purposes.
- The Speaker gives consent to the processing of personal data in accordance with the Act of 10 May 2018 (i.e. Journal of Laws of 2018, item 1000) on the protection of personal data and the General Data Protection Regulation (GDPR), in order to perform activities related to her participation in the Conference including in particular:
- making public the Speaker’s personal data such as name, profession, company;
- recording the Speaker’s image in the form of analog or digital photographs, streaming on the Internet, first fixation of a film or audiovisual works;
- using and distributing the Speaker’s image for marketing and information purposes in promoting the current and next editions of the conference as well as other activities related to the Organizer’s business.
- The Speaker will not receive compensation for the aforementioned consents given to the Organizer. The Speaker will not receive compensation for granting a the Organizer a license to use the works to the extent specified above.
- The license covers the area of the whole world and entitles to use the work for a period of five years. After the expiry of the aforementioned period, the license will be converted into a license for an indefinite period of time, which may be terminated by either party with a 5-year notice period.
- The Speaker has the right to access and correct his/her personal data.
- Providing personal data is voluntary, but failure to provide it will result in inability to participate in the Speech recording as a Speaker.
- The Speaker shall not present videos covering the entirety of the Speech without the consent of the Organizer.
§ 5. Additional information about services provided electronically
- Controller warrants that the IT system will function in such a manner as to allow every User of the Portal to cease using the Service without incurring charges at any time.
- Controller warrants that the IT system will function in such a manner as to prevent access by unauthorized persons to the content of the transmissions constituting the Service, in particular with the use of encryption.
- Controller shall ensure the explicit identification of the parties to the service provided electronically, as well as confirmation that the User has commenced using the Services described in these Terms.
- Controller states that the use of electronically provided services is associated with risk. Potential threats associated with the use of such services, as well as means and steps which can minimize them, are described in the Appendix to these Terms.
- In order to use the Services, the User of the Portal should fulfil the following technical requirements necessary to access Services:
1) web browser with latest updates;
2) an e-mail account.
- Controller does not warrant the proper functioning of the Services on mobile devices.
- According to the Regulation (EU) No 524/2013 of The European Parliament And of The Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), The Participant has the right to settle the dispute concerning contractual obligations stemming from online service contracts between the Participant and the Organizer through the ODR platform without the necessity of bringing a case to court. Platform referred to above is located on the website https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
§ 6. Duties of the Speaker
- Submitting notification of participation in the Conference constitutes acceptance of Terms & Conditions. Speaker is obliged to familiarize with these Terms & Conditions.
- During the Conference the Organizer may take photographies and video recordings.
- The Organizer shall not bear any liability for damage for which Participants are at fault during the Conference.
- The Speaker is obliged to test the IT requirements provided by the Organizer before the conference and make sure the IT test is positive
- The Speaker is obliged to register at the Portal before the Conference and check all the IT requirements allowing to provide the Speech at the Conference
- The Speaker is obliged to send the presentation the Speech is based at least 2 weeks before the Conference to the Organizer
§ 7. Changes and cancellation of the Conference
- The Organizer reserves the right to make changes to the Conference and other Services. In particular, these changes may concern: the dates of the Conference, its duration, the Conference programme and Conference packages for Participants.
- The Organizer reserves the right to cancel the Conference at any time, without giving any cause.
- In the event of the occurrence of the circumstances described in (1) or (2) above, the Organizer shall publish the relevant information on the Portal and shall inform Participants via e-mail, text message (SMS) or by telephone at the number supplied by the participant in the registration form.
- The Organizer shall not reimburse lost profits nor any other costs incurred by the Speaker in conjunction with the changes referred to in (1) and (2) above.
§ 8. Duties of Controller
- Controller shall engage in all reasonable efforts to ensure the uninterrupted operation of the Portal, however, Controller shall bear no liability for disruptions in the functioning of the Portal caused by malfunction, force majeure or unauthorized interference of Users.
- In special cases involving the security or stability of the IT system, Controller has the right to temporarily cease or restrict the provision of electronic services without advance notice given to users of the Portal. In particular Controller may conduct maintenance work intended to restore the security and stability of the IT system. The User of the Portal shall not be entitled to any claims in conjunction with the temporary or permanent cessation of the provision of electronic services by Controller.
- Controller also has the right to cease providing electronic services at any time if a justified demand to do so is made by an internet service provider or another authorized entity. Without prejudice to the relevant legal regulations and these Terms, Controller shall not bear liability for losses resulting from the faulty operation of a transmission system, including for equipment failures, delays and disruptions in the transfer of information.
- Controller shall not bear liability for the content of webpages accessed via links placed on the Portal. Controller declares that he has no influence over the content of such webpages, nor does he undertake to verify it.
§ 9. Personal Data Protection
- Controller is a controller of personal data processed in regard to organisation of Conference and providing the Services in the meaning of the General Data Protection Regulation.
§ 10. Complaints
- The User of the Portal has the right to submit complaints regarding the Services provided by the Organizer.
- A complaint regarding Services may be submitted by e- mail sent to email@example.com. In order to hasten the process of reviewing complaints, the complaint submission should contain a short justification of the complaint and contact information to the person submitting the complaint, including name and surname, telephone number, and physical or address e-mail address.
- Controller shall undertake to review complaints on the Services as quickly as possible, not later than within 14 days, and shall forward a response in writing or to the e-mail address provided in the complaint submission.
- All complaints concerning the Conference should be addressed to the Organizer in writing via registered letter to the address of the Organizer’s seat, or via e-mail to firstname.lastname@example.org not later than 7 (seven) days after completion of the conference.
- The Organizer shall undertake to review complaints on the Conference as quickly as possible, not later than within 30 (thirty) days, and shall forward a response in writing or to the e-mail address provided in the complaint submission
§ 11. Final provisions
- Controller reserves the right to introduce changes to the content of these Terms. Controller shall inform of all changes to these Terms three days in advance on the main page of the Portal.
- Users who do not accept the changed provisions of these Terms should cease to use the Portal and the Services provided by it.
- These Terms and Conditions shall be in effect from 24th of May 2022
- Any amendments to this Agreement shall be made in writing under pain of nullity and by mutual agreement of the contracting Parties, whereas exchange of information by e-mail shall also be deemed to be in writing, provided that both Parties are aware of the amendments
- Any disputes arising from this Agreement shall be settled by a court having jurisdiction over the Party bringing the action.
- The Agreement has been drawn up in two counterparts, one for each party.
- These terms and conditions, including license, are subject to Polish law.
- The Parties declare that the text of this Agreement has been personally read, fully understood and accepted by each of them, in witness whereof they affix their signatures below.
Appendix to the Terms and Conditions
Information about particular threats associated with the use of services provided electronically
In performance of the duty placed on him by Art. 6(1) of the Electronic Services Provision Act of 18 July 2002 (OJ L No. 144, item 1204 with amendments), Controller hereby informs of the particular threats associated with the use of services provided electronically.
This information concerns threats which may arise only potentially, but which should be taken into consideration regardless of the measures taken by Controller to protect Controller’s infrastructure from the unauthorized activity of third parties.
Among the primary threats associated with using the Internet are:
− malware – various applications or scripts of a damaging, criminal or malicious impact on the IT system of an internet user, such as viruses, worms, Trojans, key loggers, dialers;
− spyware – software which tracks the activities of a user, which collects information about a user, and sends it – generally without the user’s knowledge or consent – to the author of the software;
− spam – unwanted and unordered electronic correspondence sent to many recipients simultaneously, often containing commercial messages;
− phishing – fraudulently obtaining personal information (e.g. passwords) by pretending to represent a trustworthy person or institution;
− breaking into IT systems by the use of such tools as exploit and rootkit.
In order to avoid the aforementioned threats, a user should equip his computer and other electronic devices used to connect to the internet with anti-virus software. This software should be maintained on an ongoing basis.
Users of services provided electronically may also protect themselves from associated threats by:
− employing a firewall,
− updating all software,
− not opening e-mail attachments from an unknown source,
− carefully reading the installation notices of software, including licenses,
− disabling macros in MS Office files from unknown sources,
− regularly running system scans with anti-virus and anti-malware software,
− encrypting data transmissions,
− installation of protective software (detection and prevention of unauthorized access),
− using original systems and software from legal sources.