Licensee Agreement 

Before submitting an application to register an SMFest City or Campus event, you’re required by SMFEST to agree and accept the following license. Make sure you have read and understand all of the SMFest rules before you agree to this license.

1) SMFest License:

When you accept the terms and conditions below, SMFEST (SMFEST International) will grant you an SMFest, non-exclusive, revocable license (the “License”) to use the SMFest name, logo, trademarks, service marks, materials made available for reproduction on the SMFest website, the specific event name (the “Event Name”) and SMFest sub-domain web page (the “Web Page”) assigned to your SMFest event (collectively, the “Intellectual Property”) only in connection with one (1) SMFest event. Your use of the Intellectual Property must comply with the terms set forth herein, and you must abide by the Event Basics / Talk Content / Licensing Basics / Branding + Naming / Sponsors + Funding / Media + Distribution / Web + Social / Uploading Talks SMFest rules as modified from time to time by SMFEST in its sole discretion, which are incorporated in this License. If you wish to hold any additional SMFest events, you must submit another event application for each such event.

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) SMFEST’s termination of your License and/or termination of access to your SMFest sub-domain web page at any time if you should breach any of the terms of this License or termination by SMFEST for any other reason, in SMFEST’s sole discretion; (ii) the conclusion of your one (1) SMFest event; or (iii) twelve (12) months from the date of commencement of the term of this License (the “Term”). The Intellectual Property may be used solely to promote your SMFest event, and in no event shall you or any person or entity that organizes, participates in, or performs services regarding your SMFest event, use the Intellectual Property, or the SMFEST 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 SMFEST.

Without limiting in any way, the generality 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 host a successful SMFEST event, or how to get chosen to host an SMFEST event. For clarity, this provision shall not prohibit you from accurately characterizing yourself as a SMFest event organizer or from authoring works or providing services that offer guidance on event management, event hosting, etc provided that such works and/or services shall not in any way refer to SMFEST. This prohibition shall survive the termination of the License.

Licensed SMFest events are events organized independently from SMFEST International, so all promotion of your SMFest event must clearly identify the event as an SMFest event other than that and may not directly or indirectly suggest that your event independent of SMFEST International’s direct event. You may not transfer, sublicense or assign the License and/or your rights to use the Intellectual Property. SMFEST may require you to stop using the Intellectual Property in connection with your SMFest event and may terminate all access to your SMFest sub-domain web page at any time. If you do not use the SMFest trademarks or service marks according to the quality control guidelines set forth in the Event Basics / Talk Content / Licensing Basics / Branding + Naming / Sponsors + Funding / Media + Distribution / Web + Social / Uploading Talks SMFest rules, your License may be terminated. SMFEST may modify, amend, supplement and/or replace the terms and conditions of this License in writing at any time.

2) Event Names:

Event Names must comply with the SMFest rules and the Naming rules. All Event Names will be owned exclusively by SMFEST and are licensed to you according to these terms and conditions. You will have the right to use your Event Name solely during the Term. After the Term, your right to use the Event Name expires; provided however, if you apply for another SMFest event prior to the end of the Term you may request to use the same Event Name for the term of your new license. In the event you have not actually used the Event Name for an SMFest event during the Term of this License or upon your application for another SMFest event, SMFEST reserves the right to terminate your use of that Event Name. Notwithstanding the foregoing, SMFEST reserves the right to terminate your use of a particular Event Name at any time, in which case all your rights to use the Event Name will cease and SMFEST Internataional may use such Event Name in its sole discretion.

3) Waiver of Liability:

1. a) You will be responsible for all resources, equipment, staff, lodging, food, or other materials necessary or required for your SMFest event. SMFEST will not be responsible or liable for providing you with any resources, personnel or materials other than any online resources made available by SMFEST International on the SMFest website.
2. b) You must have personal medical and/or health insurance coverage while participating in or conducting any physical or athletic activities at your SMFest 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 SMFest 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 SMFEST as an additional insured on all applicable insurance policies.

1. c) YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGES YOU MAY SUSTAIN OR CAUSE OTHERS TO SUSTAIN IN CONNECTION WITH ANY SMFEST EVENT, AND TO INDEMNIFY, DEFEND AND HOLD HARMLESS SMFEST AND ITS OFFICERS, DIRECTORS, SPONSORS, PARTNERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS FROM AND AGAINST ANY LIABILITY ARISING FROM SUCH INJURIES AND/OR DAMAGES.

4) Privacy obligations:

As an SMFest Organizer you and your team will be collecting and storing personally identifiable information from your SMFest speakers, team members and attendees (“SMFest-related Personal Information”). You agree never to sell SMFest-related Personal Information to any third parties and agree not to provide SMFest-related Personal Information to any third party without proper consent or permission of SMFEST International. You agree to follow the applicable privacy laws in your jurisdiction. You agree to process the SMFest-related Personal Information lawfully, fairly and in a transparent manner. This includes implementing the following measures as applicable in your jurisdiction:

1. a) You will implement administrative, physical and technical safeguards to prevent disclosure, accidental access by unauthorized parties, and to maintain confidentiality.
2. b) You agree to communicate to the individuals that provided you with SMFest-related Personal Information the following: (i) what information you collect, (ii) how you collect it, (iii) if you, as SMFest 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.
3. c) You agree to communicate to speakers, attendees and team members how you will collect, store, manage SMFest-related Personal Information. As part of your communication, all purposes for which the data will be used by SMFEST and the SMFest event organizing team should be disclosed, including the following: (i) posting information about the SMFest event and talks on SMFEST websites and social media, (ii) maintaining SMFest event speaker information, (iii) providing SMFest event attendees with surveys to evaluate the events they attend, and (iv) to maintain information about the SMFest license. You may also disclose that when receiving SMFest-related Personal Information for these purposes, that SMFEST will process and manage this information in accordance with SMFEST’s privacy policy on SMFEST.org.

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 Nigeria, 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 Nigeria, which shall be governed by the applicable Arbitration Rules in Nigeria. 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 SMFEST supersede all communications of any kind between you and SMFEST with respect to the License and any guidelines, rules or policies incorporated in this License.

By selecting the boxes beside the text “I agree to the terms of the SMFest License Agreement” and “I have read and understood the SMFest Rules…” on the license application form, you are indicating your acceptance of the terms and conditions of this License and your review and approval of the following SMFEST policies: