(Organization Administrators and Mentors)
PLEASE READ THIS MENTOR PARTICIPANT AGREEMENT CAREFULLY.
By registering and clicking "I agree to this Participant Agreement", you agree to be bound by the terms of this Mentor Participant Agreement ("Agreement") and it forms a binding legal agreement between Google LLC, having a principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043 ("Google"), and you with respect to Season of Docs 2019 (the "Program").
If you do not agree to these terms and conditions, please do not click the "I agree to this Participant Agreement" button and you may not participate in the Program.
The words "include" and "including" as used in this Agreement mean "including but not limited to."
- 1. Program Rules. This Agreement incorporates the Season of Docs 2019 Program Rules ("Program Rules"). The Program Rules constitute part of this Agreement. All capitalized terms used herein that are not otherwise defined will have the meaning given them in the Program Rules.
2. Representations and Warranties. You represent and
- 2.1 you are eligible, as described in the Program Rules, to participate in the Program as an Organization Administrator or Mentor, as applicable;
- 2.2 the information you provide about yourself during registration and in subsequent communications with Google is truthful and accurate; and
- 2.3 in reviewing Project Submissions, you will not discriminate on the basis of age, race, creed, color, religion, sex, sexual orientation, national origin, disability, marital or veteran status or any other basis that is prohibited by applicable law.
- 3.1 "Submissions" means any materials you submit to Google in connection with the Program.
- 3.2 You retain all ownership rights you had in your Submissions before submitting them.
- 3.3 You grant Google a non-exclusive, worldwide, perpetual, irrevocable, free license (with the right to sublicense) to reproduce, prepare derivative works of, distribute, perform, display, and otherwise use your Submissions for the purpose of administering the Program and promoting Season of Docs.
- 4.1 Google will process the personal information provided during registration and in any subsequent communications to administer the Program (including verifying eligibility to participate in the Program, running the Program, sending notifications regarding the Program, and delivering promotional items).
- 4.2 Google will also use aggregated, non-personally identifiable information for statistical purposes.
- 4.3 The display name that Participants create during registration will be displayed publicly on the Program Website and any archives of the Program Website, and will be shared with Organizations for the purpose of communicating with Participants. Participants are strongly advised not to use their real name as their display name.
- 4.4 Technical Writer's Project Submissions and contact information (email address and display name) will be shared with the Organizations (including Members) to administer the Program.
- 4.6 Participants can access, update, remove and restrict the processing of their personal information by writing to Google (Attention: Open Source Programs Office) at the address listed in the preamble above or by emailing email@example.com.
- 5. Indemnity. You will indemnify Google and its affiliates, directors, officers, and employees against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from your acts or omissions in relation to the Program, including breach of this Agreement.
6. Limitation of Liability.
- 6.1 Liability. IN THIS SECTION 6 (LIMITATION OF LIABILITY), "LIABILITY" MEANS ANY LIABILITY, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, INCLUDING FOR NEGLIGENCE.
- 6.2 Limitations. GOOGLE'S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO DIRECT DAMAGES, WHICH WILL NOT EXCEED US$1,000 IN AGGREGATE.
- 6.3 Exceptions to Limitations. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS GOOGLE'S LIABILITY FOR MATTERS FOR WHICH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.
- 7.1 Google's Affiliates, Consultants, and Contractors. Google may use its affiliates, consultants, and contractors in connection with the performance of its obligations and exercise of its rights under this Agreement.
- 7.2 Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
- 7.3 Assignment. You may not assign or delegate this Agreement or any part of it without Google's prior written consent. Google may assign or delegate this Agreement or any part of it upon notification, which may be posted on the Program Website or sent to the contact information you provided upon registration.
- 7.4 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
- 7.5 No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
- 7.6 No Third Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
- 7.7 Amendments. Except as set forth in the Program Rules, any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
- 7.8 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement.
- 7.9 Severability. If any term (or part of a term) of this Agreement is invalid, illegal or unenforceable, the rest of the Agreement will remain in effect.
- 7.10 Translations. In the event of any discrepancy between the English version of this Agreement and a translated version, the English version will govern.