Loose rivets
4th Sep 2009, 15:56
Tempted by a free W7 Ultimate, and the need for an interest while in the wild west I thought I'd put some work into learning then promoting W7. I have a large room, and a big screen, and a back door into the uni. I had in mind inviting some students and faculty members to broaden the user sample. My kids'll turn up or I'll want to know why. Anyway, I got to this bit.
I'll get my team of lawyers onto it before I collect my free balloons.
And now for the legal part...
In consideration of House Party, Inc. (“HPI") allowing me to host and/or attend a House Party Event on or about October 22 - 29th related to Microsoft (“Company”), including, without limitation, participating in “House Party Event” activities, such as product demonstrations and sampling, and educational and informational activities (collectively, the “Activities”), I hereby agree as follows:
I am eighteen (18) years of age or older. I agree that as consideration for being permitted to host and/or participate in any of the Activities, I, on behalf of myself and my children and minors for whom I am a legal guardian, hereby grant HPI and its designees (including, without limitation, Company and its designees) and their respective affiliates, licensees, permitees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, publish, transform, create works and derivative works, and otherwise promote or utilize my name, image, likeness, voice, words and/or other personal attribute(s) or other personal information, and those of my children and minors for whom I am a legal guardian (collectively, “Personal Attributes”), captured, photographed or otherwise recorded or memorialized in any manner by myself or any other person in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any consideration or notice to or consent by me or any third party. I, on behalf of myself and my children and minors for whom I am a legal guardian, hereby forever and irrevocably waive any rights any of us may have in or to any of the foregoing, and I understand and agree that HPI and its designees (including, without limitation, Company and its designees) are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of our respective Personal Attributes. Without limiting the foregoing, I understand and agree that such materials may be used in whole or in part, individually or in conjunction with other photographs or images, and neither I, my children nor minors for whom I am a legal guardian shall have any right of approval or notice, any claim to any compensation, or any claim arising out of the use, alteration, distortion or illusionary effect or use in any composite form of any of our respective Personal Attributes.
I understand that the information I have given to HPI online (including, without limitation, in connection with the host and/or guest registration and RSVP process) may be used to provide me with additional information about Company. I also agree that House Party may use and share my personal information as described in the House Party Privacy policy located at House Party > Privacy Policy (http://houseparty.com/help/privacy).
I, on behalf of myself, my children and minors for whom I am a legal guardian, and anyone who obtains any rights from or through any of us, hereby forever and irrevocably release and discharge HPI and Company; their respective parents, subsidiaries, affiliates, partners, members, managers, agents, licensees, designees, insurers, personal and legal representatives, successors and assigns; House Party Event hosts; other participants in the Activities; and any director, officer, employee or agent of any of the foregoing (each considered one of the “Releasees” herein) from any and all liability, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to the hosting of, or participation in or attendance at the Activities, by myself or my children or minors for whom I am a legal guardian, including, but not limited to, Losses (including, without limitation, Losses from BODILY INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations, (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with the hosting of, or participation in or attendance at the Activities, by myself or my children or minors for whom I am a legal guardian, or (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other causes of action arising out of the use of the Personal Attributes of myself, my children or minors for whom I am a legal guardian. I further covenant not to sue any Releasee or cause any Releasee to be sued regarding any matter released above. I represent that I understand the nature of the Activities, and I ASSUME ALL RISKS associated with the hosting of, participation in or attendance at the activities, by myself, and my children and minors for whom I am a legal guardian.
I understand and agree that alcohol may be served during the Activities, and that my decision to serve and/or consume any alcohol is my own decision for which I shall be solely responsible. I further understand and agree that neither HPI nor Company promotes or condones the irresponsible consumption of alcohol or providing alcohol to minors. I agree to adhere to all applicable laws, rules and regulations regarding the provision of alcohol and/or the presence of alcohol near minors, should I choose to have alcohol present at the Activities, and I agree to follow any guidelines provided to me by HPI or Company.
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7. I have read this Release, Waiver of Liability and Indemnity Agreement (this “Release”), understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I, on behalf of myself, and my children and minors for whom I am a legal guardian, hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, or to rescind, limit or disaffirm this Release. I further agree to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release. If any provision of this Release is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding, and the remainder of this Release shall remain enforceable to the full extent allowed by law. No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the nonprevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Release shall be binding upon myself, my children and minors for whom I am a legal guardian, and our respective successors, assignees, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights from or through any of us.
I have read this Release, Waiver of Liability and Indemnity Agreement (this “Release”), understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I, on behalf of myself, and my children and minors for whom I am a legal guardian, hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, or to rescind, limit or disaffirm this Release. I further agree to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release. If any provision of this Release is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding, and the remainder of this Release shall remain enforceable to the full extent allowed by law. No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the nonprevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Release shall be binding upon myself, my children and minors for whom I am a legal guardian, and our respective successors, assignees, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights from or through any of us. I have read and accept this release.
I'll get my team of lawyers onto it before I collect my free balloons.
And now for the legal part...
In consideration of House Party, Inc. (“HPI") allowing me to host and/or attend a House Party Event on or about October 22 - 29th related to Microsoft (“Company”), including, without limitation, participating in “House Party Event” activities, such as product demonstrations and sampling, and educational and informational activities (collectively, the “Activities”), I hereby agree as follows:
I am eighteen (18) years of age or older. I agree that as consideration for being permitted to host and/or participate in any of the Activities, I, on behalf of myself and my children and minors for whom I am a legal guardian, hereby grant HPI and its designees (including, without limitation, Company and its designees) and their respective affiliates, licensees, permitees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, publish, transform, create works and derivative works, and otherwise promote or utilize my name, image, likeness, voice, words and/or other personal attribute(s) or other personal information, and those of my children and minors for whom I am a legal guardian (collectively, “Personal Attributes”), captured, photographed or otherwise recorded or memorialized in any manner by myself or any other person in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any consideration or notice to or consent by me or any third party. I, on behalf of myself and my children and minors for whom I am a legal guardian, hereby forever and irrevocably waive any rights any of us may have in or to any of the foregoing, and I understand and agree that HPI and its designees (including, without limitation, Company and its designees) are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of our respective Personal Attributes. Without limiting the foregoing, I understand and agree that such materials may be used in whole or in part, individually or in conjunction with other photographs or images, and neither I, my children nor minors for whom I am a legal guardian shall have any right of approval or notice, any claim to any compensation, or any claim arising out of the use, alteration, distortion or illusionary effect or use in any composite form of any of our respective Personal Attributes.
I understand that the information I have given to HPI online (including, without limitation, in connection with the host and/or guest registration and RSVP process) may be used to provide me with additional information about Company. I also agree that House Party may use and share my personal information as described in the House Party Privacy policy located at House Party > Privacy Policy (http://houseparty.com/help/privacy).
I, on behalf of myself, my children and minors for whom I am a legal guardian, and anyone who obtains any rights from or through any of us, hereby forever and irrevocably release and discharge HPI and Company; their respective parents, subsidiaries, affiliates, partners, members, managers, agents, licensees, designees, insurers, personal and legal representatives, successors and assigns; House Party Event hosts; other participants in the Activities; and any director, officer, employee or agent of any of the foregoing (each considered one of the “Releasees” herein) from any and all liability, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to the hosting of, or participation in or attendance at the Activities, by myself or my children or minors for whom I am a legal guardian, including, but not limited to, Losses (including, without limitation, Losses from BODILY INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations, (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with the hosting of, or participation in or attendance at the Activities, by myself or my children or minors for whom I am a legal guardian, or (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other causes of action arising out of the use of the Personal Attributes of myself, my children or minors for whom I am a legal guardian. I further covenant not to sue any Releasee or cause any Releasee to be sued regarding any matter released above. I represent that I understand the nature of the Activities, and I ASSUME ALL RISKS associated with the hosting of, participation in or attendance at the activities, by myself, and my children and minors for whom I am a legal guardian.
I understand and agree that alcohol may be served during the Activities, and that my decision to serve and/or consume any alcohol is my own decision for which I shall be solely responsible. I further understand and agree that neither HPI nor Company promotes or condones the irresponsible consumption of alcohol or providing alcohol to minors. I agree to adhere to all applicable laws, rules and regulations regarding the provision of alcohol and/or the presence of alcohol near minors, should I choose to have alcohol present at the Activities, and I agree to follow any guidelines provided to me by HPI or Company.
*
7. I have read this Release, Waiver of Liability and Indemnity Agreement (this “Release”), understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I, on behalf of myself, and my children and minors for whom I am a legal guardian, hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, or to rescind, limit or disaffirm this Release. I further agree to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release. If any provision of this Release is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding, and the remainder of this Release shall remain enforceable to the full extent allowed by law. No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the nonprevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Release shall be binding upon myself, my children and minors for whom I am a legal guardian, and our respective successors, assignees, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights from or through any of us.
I have read this Release, Waiver of Liability and Indemnity Agreement (this “Release”), understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I, on behalf of myself, and my children and minors for whom I am a legal guardian, hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, or to rescind, limit or disaffirm this Release. I further agree to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release. If any provision of this Release is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding, and the remainder of this Release shall remain enforceable to the full extent allowed by law. No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the nonprevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Release shall be binding upon myself, my children and minors for whom I am a legal guardian, and our respective successors, assignees, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights from or through any of us. I have read and accept this release.