Before submitting an application to organize a Boma Community Event, you are required by the Boma Community Foundation to agree to the terms of the following License Agreement (“License”). Please make sure you have read and understand the Boma Community Overview, the Boma Community General Guidelines and the Boma Community Branding Guidelines before you agree to this License.
1) Limited License:
When you accept the terms and conditions below, Boma will grant you a limited, non-exclusive, revocable license (the "License") to use the Boma name, logo, trademarks, service marks, materials made available for reproduction on the Boma website, the specific Community Circle name (the "Community Circle Name") and Boma sub-domain web page (the "Web Page") assigned to your Boma Community Event (collectively, the "Intellectual Property") only in connection with one (1) Boma Community Event. Your use of the Intellectual Property must comply with the terms set forth herein, and you must abide by the Boma Community Branding Guidelines and Boma Community Prototype Formats as modified from time to time by Boma in its sole discretion, which are incorporated in this License. If you wish to organize any additional Boma Community Circles, you must submit another Community Circle Application for each such Boma Circle.
The Intellectual Property may be used solely to promote your Boma Circle and Boma Community Event, and in no event shall you or any person or entity that organizes, participates in, or performs services regarding your Boma Community Event, use the Intellectual Property, or the Boma name, logo, trademarks or service marks, for any other purpose, including, but not limited to, the sale of books, articles, publications, audio recordings, videos or other media, without the prior written consent of Boma. Without limiting in any way the scope of the foregoing, the Intellectual Property shall not be used (a) to sponsor, endorse or suggest an affiliation with any third party, or (b) in connection with any work or service purporting to offer guidance on how to organize or promote a Boma Community Event, or how to be selected to organize a Boma Community Event. For purposes of clarity, this provision does not prohibit you from accurately characterizing yourself as a Boma Community Event organizer or from authoring works or providing services that offer guidance on public speaking, provided that such works and/or services shall not in any way refer to Boma. You understand and agree that this prohibition shall survive the termination of this License as described in Section 2 below.
Boma Community Events are community actions organized independently from Boma, so all promotion of your Boma Community Event must clearly identify the action as a Boma Community Event “event or action type” as per the Boma Community Event Branding Guidelines. You may not transfer, sublicense or assign the License and/or your rights to use the Intellectual Property. Boma may require you to stop all use of the Intellectual Property in connection with your Boma Community Event and may terminate all access to your sub-domain web page at any time. If you do not use the Boma trademarks or service marks according to the quality control guidelines set forth in the Boma Community Branding Guidelines, your License may be terminated. Boma may modify, amend, supplement and/or replace the terms and conditions of this License in writing at any time.
2) License Term:
The term of this License will begin upon your acceptance of these terms by clicking "I AGREE" below and will end upon the earlier of (i) Boma’s termination of your License and/or termination of access to your Boma Community Event sub-domain web page should you should breach any of the terms of this License, or termination by Boma for any other reason, in Boma’s sole discretion; (ii) the completion of your one (1) ongoing Boma Community Event; or (iii) twelve (12) months from the date of commencement of the term of this License (the "Term"). This License is eligible for automatic renewal at expiration of the License Term so long as you: (1) request a renewal Term through the application link; (2) are, in Boma’s sole discretion, in full compliance with the Boma Community Branding Guidelines and (3) are well received and rated by your community.
3) Boma Community Event Names:
Boma Community Events of any format must comply with the Boma Community Branding Guidelines. All Boma Community Event Names will be owned exclusively by Boma and are licensed to you according to these terms and conditions. You will have the right to use your Boma Community Event Name solely during the License Term. Upon expiration of the Term, your right to use the Boma Community Event Name automatically terminates; provided however, that if you apply for and receive a renewal of your License prior to the end of the Term you may continue to use the same Boma Community Event Name for the Term of your new License. In the event you have not actually used the Boma Community Event Name for a Boma Community Event during the Term of this License or, upon your application for another Boma Community Event, Boma reserves the right to terminate your use of that Boma Community Event Name. Notwithstanding the foregoing, Boma reserves the right to terminate your use of a particular Boma Community Event Name at any time, in which case all your rights to use the Boma Community Event Name will cease and Boma may use such Boma Community Event Name, in its sole discretion.
a) You will be responsible for all resources, equipment, staff, lodging, food, or other materials necessary or required to organize and conduct your Boma Community Event. Boma will not be responsible for providing you with any resources, personnel or materials other than any online resources made available by Boma on the Boma website.
b) You must have personal medical and/or health insurance coverage while participating in or conducting any physical or athletic activities at or during your Boma Community Event. You must maintain sufficient insurance to cover liability for bodily injury, property damage, death, product liability and advertising injury arising out of your activities related to your Boma Community Event. The policy must contain a combined single limit of liability of not less than One Million Dollars ($1,000,000.00) in the aggregate. You must name both Boma, LLC and Boma Community Foundation as an additional insured on all applicable insurance policies.
c) YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGES YOU, OR ANY THIRD PARTY, MAY SUSTAIN OR CAUSE OTHERS TO SUSTAIN IN CONNECTION WITH ANY Boma Community Event, AND TO INDEMNIFY, DEFEND AND HOLD HARMLESS BOMA AND ITS OFFICERS, DIRECTORS, SPONSORS, PARTNERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS FROM AND AGAINST ANY LIABILITY ARISING FROM SUCH INJURIES AND/OR DAMAGES.
5) Privacy obligations:
As a Boma Community Event Organizer, you and your team will be collecting and storing personally
identifiable information from your Boma Community Event speakers, team members and attendees (“Boma Community Event-related Personal Information”). You agree never to sell Boma Community Event-Related Personal Information to any third parties and agree not to provide Boma Community Event-related Personal Information to any third party without prior and proper consent or permission. You agree to follow the applicable privacy laws in your jurisdiction. You agree to process the Boma Community Event-related Personal Information lawfully, fairly and in a transparent manner. This includes implementing the following measures as applicable in your jurisdiction:
a) You will implement administrative, physical and technical safeguards to prevent disclosure, accidental access by unauthorized parties, and to maintain confidentiality;
b) You agree to communicate to the individuals that provided you with Boma Community Event-related Personal Information the following: (i) what information you collect, (ii) how you collect it, (iii) if you, as Boma Community Event Organizer, disclose their personal information to any third party; and (iv) a method to delete, modify or update their personal information. In the event local laws require consent, please take steps to track and record consent before or during registration;
d) You agree that, whenever you, as a Boma Community Event Organizer, collect Boma Community Event-related Personal Information for any purpose including but not limited to participant sign up for an event or opt-in for an email newsletter, that you will: (1) communicate to participants and other individuals providing Boma Community Event-related Personal Information that the information may be shared with Boma Global, Boma Community Foundation and its Boma affiliates; and (2) include an opt-in election box for that purpose.
5) Forum and Choice of Law:
The terms of this License Agreement and the rights, obligations, and performance of the Parties hereunder shall be governed by the laws of the State of New York, without regard to conflict of laws principles. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration conducted in New York, NY, which shall be governed by the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. You agree that the terms of this License are the entire agreement between you and Boma and supersede all communications of any kind between you and Boma with respect to the License and any guidelines, rules or policies incorporated in this License.
By selecting the box beside the text "I agree to the terms of the Boma Community Event License Agreement" and "I have read and understood the Boma Community Overview, Boma Community General Guidelines, Boma Community Branding Guidelines, Boma Community Prototype Formats" on the application form, you are indicating your acceptance of the terms and conditions of this License and your review and approval of the following Boma Community Event policies: