“Humans have come into being for the sake of each other, so either teach them, or learn to bear them.”
SPEAKER RELEASE: AGREEMENT AND AUTHORIZATION FOR SPEAKER TO BE IN MEDIA
This SPEAKER Agreement (hereinafter “Agreement”), is made by and between the following parties:
WINTERWOLF ENTERPRISES LLC, a limited liability company, organized under the laws of the state of Nevada, with a website of https://NewEarthNetwork.club, hereinafter referred to as “New Earth Network,”
Applicant, speaker, questioner, panel member, panel speaker, and/or Speaker hereinafter referred to as “You,” “SPEAKER” or “SPEAKERS.”
- NEW EARTH NETWORK is creating a network of professionals, experiencers, educators, healers, philosophers, metaphysicians, scientists, artists, and other people who are joining together for the common goal of sharing and discussing inspiring and helpful information, herein referred to as our “Team.”
- NEW EARTH NETWORK, in conjunction with our Team, hosts and participates in events, forms speaking panels, and creates other materials to assist in our goals.
- Each SPEAKER who wishes to join us and participate in our events and/or host information on our website understands that SPEAKER must first apply to become a member of our Team.
- SPEAKER signifies that he/she understands that we may refuse to accept SPEAKER as a Team Member at our sole discretion and for any reason.
- NEW EARTH NETWORK may choose or is currently engaged in the business of creating media, which includes but is not limited to engaging in the following activities for personal and commercial gain:
- Podcasting, and voiceovers; filming, film/video/audio editing, and film/video/audio production; photography, photo editing, and photo production; digital photography, digital photo editing, and digital photo production; documentary production and editing; sound recordings; video recordings; sound manipulation and music productions; television production; podcast production; event production; web design and production,; and general audio, video, and graphic production.
- The SPEAKER consents to being a subject of NEW EARTH NETWORK in media. The SPEAKER will allow NEW EARTH NETWORK to capture images, videos, and/or sound recordings for use in media.
- The SPEAKER consents to allow NEW EARTH NETWORK to host and display SPEAKER’S information, bios, links, products, documents, materials, intellectual property, pictures, videos, audios, and all media related to or provided by SPEAKER, herein referred to as “Speaker Content,” on https://NewEarthNetwork.club for which SPEAKER shall receive no monetary compensation for as long as SPEAKER is a Team member of NEW EARTH NETWORK. If SPEAKER wishes to cancel his/her membership as a Team member of NEW EARTH NETWORK, SPEAKER must inform NEW EARTH NETWORK in writing by sending an email explaining SPEAKER’s desire to leave to: [email protected]
- NEW EARTH NETWORK reserves the right to make SPEAKER’s profile inactive at its sole discretion. Even after SPEAKER relinquishes membership at NEW EARTH NETWORK, SPEAKER agrees to continue to allow NEW EARTH NETWORK to host all Speaker Content under a perpetual, irrevocable, non-exclusive free license for any purpose, which may only be taken down at NEW EARTH NETWORK’s discretion.
- SPEAKER agrees that when SPEAKER shares and/or submits material or content of any kind to NEW EARTH NETWORK, such material and/or content shall be granted for use to NEW EARTH NETWORK under a perpetual, irrevocable, non-exclusive free license for any purpose, as stated and set forth more in detail in the other terms of this Agreement.
- A SPEAKER signing up to participate through NEW EARTH NETWORK will be required to provide materials to the NEW EARTH NETWORK Site, https://NewEarthNetwork.club, for which SPEAKER shall receive no monetary compensation. Additionally, SPEAKER will be required to participate in at least one meeting, Clubhouse room, podcast, webinar or teleconference per month for which SPEAKER shall receive no monetary compensation, but instead, an opportunity to establish the SPEAKER as an authority, by building SPEAKER’s reputation in the NEW EARTH NETWORK community. The meetings, Clubhouse room recordings, podcasts, webinars or teleconferences will then be uploaded to the NEW EARTH NETWORK online library in which the SPEAKER shall receive no monetary compensation. All SPEAKERS understand and agree that once a recording of any podcast, meeting, Clubhouse room, webinar, teleconference, event, and/or blog post, article, and/or any other media joins and/or becomes a part of NEW EARTH NETWORK, it may not be withdrawn at any time and that it shall then belong to us, fully and wholly, free and clear, either as work made for hire and/or a full conveyance and transfer of all ownership rights and interests SPEAKERS may have in relation thereto. New Earth Network shall retain the exclusive rights.
NEW EARTH NETWORK IS RELEASED OF LIABILITY: For good and valuable consideration herein acknowledged as received, the SPEAKER releases NEW EARTH NETWORK and assigns permission to license all images, video recordings, and sound recordings and to use of images, video recordings, and sound recordings in any media for any purpose which may include, among others, advertising, education, promotion, marketing and packaging for any product or service. The SPEAKER agrees that any images, video recordings, and sound recordings may be combined with other images, video recordings, sound recordings, music, text, and graphics, cropped, altered, and modified.
NEW EARTH NETWORK RETAINS ALL RIGHTS: The SPEAKER agrees that NEW EARTH NETWORK has all rights to images, video recordings, and sound recordings, for perpetuity unless explicitly noted in this Agreement. The SPEAKER acknowledges and agrees that NEW EARTH NETWORK is not liable for any further consideration or accounting, and further claims for any reason.
DURATION OF AGREEMENT: The SPEAKER acknowledges and agrees that this Agreement is binding on all heirs and assigns. The SPEAKER acknowledges and agrees that this Agreement is irrevocable, worldwide and perpetual.
In other words (for clarity): This Agreement does not expire for current and future recordings across all platforms and venues. Once SPEAKER agrees one time to this Agreement, SPEAKER does not have to agree again to join future events and conversations. This Agreement covers all events and conversations, now and in the future, in all venues and across all platforms (i.e. Clubhouse, Zoom, etc.))
COMPENSATION: No compensation will be paid with respect to the use of SPEAKER’S Submission, Involvement, Input, Feedback, Opinion, Response, and/or any and all Contributions made by SPEAKER (herein referred to as “Speaker Materials”). NEW EARTH NETWORK is under no obligation to post or use any Submission or Speaker Materials that SPEAKER may provide, and NEW EARTH NETWORK may remove any Submission and Speaker Materials at any time at NEW EARTH NETWORK’s sole discretion.
This Agreement contains the agreement between the parties to this release and the terms of this Agreement are contractual and not a mere recital.
You agree to indemnify, defend and hold harmless NEW EARTH NETWORK, its officers, directors, team members, employees, agents, third parties, and our affiliated companies, speakers, coaches, authors, and partners for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NEW EARTH NETWORK reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NEW EARTH NETWORK in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
YOU AGREE THAT YOUR USE OF THE NEW EARTH NETWORK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEW EARTH NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NEW EARTH NETWORK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NEW EARTH NETWORK WEBSITE. NEW EARTH NETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NEW EARTH NETWORK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEW EARTH NETWORK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
NEW EARTH NETWORK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
IN NO EVENT SHALL NEW EARTH NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER THROUGH NEGLIGENCE, GROSS NEGLIGENCE INTENTIONAL OR MALICIOUS ACTS OR OTHERWISE, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NEW EARTH NETWORK WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NEW EARTH NETWORK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEW EARTH NETWORK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEW EARTH NETWORK SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by NEW EARTH NETWORK from its facilities in the United States of America. NEW EARTH NETWORK makes no representations that the NEW EARTH NETWORK Website is appropriate or available for use in other locations. Those who access or use the NEW EARTH NETWORK Website from other jurisdictions do so at their own volition and are responsible for compliance with local law
NEW EARTH NETWORK reserves the right, in its sole discretion, to terminate your NEW EARTH NETWORK membership and/or access to the NEW EARTH NETWORK Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NEW EARTH NETWORK as a result of this agreement or use of the Site. NEW EARTH NETWORK’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NEW EARTH NETWORK’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NEW EARTH NETWORK with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NEW EARTH NETWORK with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NEW EARTH NETWORK with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NEW EARTH NETWORK reserves the right, in its sole discretion, to change the Terms under which NewEarthNetwork.club is offered. The most current version of the Terms will supersede all previous versions. NEW EARTH NETWORK encourages you to periodically review the Terms to stay informed of our updates.
Additionally, SPEAKER also agrees to our Terms and Conditions.
This Agreement will be construed in accordance with and governed by the laws of the State of Nevada.
IF THE SPEAKER IS UNDER THE LEGAL AGE OF MAJORITY:
The responsible party (herein referred to as “GUARDIAN”) certifies that he/she is the parent or legal guardian of the minor above named as the SPEAKER, and GUARDIAN has legal authority to execute this Agreement on the SPEAKER’s behalf. The GUARDIAN has read and fully understands the contents of this Agreement, and consent to the said use of images and sound recordings based on the contents of this Agreement.