SEAGULL INSTITUTE PARTICIPANT AGREEMENT (ONLINE PROGRAM)
This Agreement is made and entered into as of this day between Seagull Transformation, Inc., dba Seagull Institute (“Seagull”), and the Participant.
Recitals
1. Seagull is an Illinois corporation which is engaged in the business of organizing international educational programs online and in person.
The educational program contemplated under this Agreement will hereinafter be referred to as the “Program”. Individuals who are participating in the Program will hereinafter be referred to as “Participants”.
2. The parties wish to set forth the terms which govern the services to be provided by Seagull in this Agreement.
Accordingly, in consideration of the mutual covenants, conditions and promises herein, the parties agree as follows:
Agreement
1. Work Product.
Any ideas, discoveries, works, inventions, patents, marks, service marks, trademarks, and/or other intellectual property which has been or will be developed in whole or in part by Seagull in connection with the Program or related services (hereinafter the “Work Product”) will be the exclusive property of Seagull. Such Work Product will include, but not be limited to, that which is eligible for copyright, trademark, or patent protection. Upon request, the Participant will execute any and all documents which are required to confirm or perfect the exclusive ownership of Seagull to the Work Product.
2. Use of Images.
If the Participant uses images or pictures taken by or on behalf of Seagull, in any public communication or media or social media site, it shall give credit to Seagull with respect to the image or picture in question.
3. Non-Responsibility for Errors.
Seagull is not responsible for typographical or printing errors with respect to the information it provides to Participants, including but not limited to pricing information.
4. Participants Evaluations and Conduct.
4.1. Participant Evaluations. Participants will be required to be evaluated by Seagull in order to participate in Seagull programs. Seagull reserves the right to evaluate, and include or exclude Participants for the Programs.
4.2. Participant Conduct. It is understood that the international implications of this agreement are such that the conduct of Participants during the course of the program is of utmost importance. Participants, therefore, agree to conform to standards of conduct consistent with the maintenance of a positive reputation of Seagull and to conform to all applicable rules, regulations and policies. The Participant understands and agrees that in the event Seagull shall determine the conduct or academic standards of Participants are detrimental to the best interests of the program, Seagull may terminate the participation of Participants in the program. You acknowledge and agree to abide by any Official Rules and Guidelines for the Program that may be posted at the Program or on the Program's website or otherwise communicated to you verbally or in writing at the Program and/or by Seagull. Seagull reserves the right to dismiss any Participant from the program if that person’s presence is felt by Seagull to be detrimental to the enjoyment of the program by others, is dangerous to the Participant or others, or for failure to abide by Seagull’s rules and regulations. Participants who have been removed from their program waive the right to a refund of any part of the fee.
5.Liability.
Participant hereby agrees to waive and release any and all rights, claims and causes of action you have or may have against Seagull that may arise as a result of your participation in the Program; and agrees to indemnify, defend, and hold harmless Seagull from and against any and all injuries, losses, causes of action, liabilities, damages, expenses (including attorney's fees and court costs) or claims (collectively, "Claims") that might arise directly or indirectly from your participation in the Program and/or the condition of the property, facilities or equipment used for the Program, regardless of when such Claim may arise including, without limitation, Claims relating to (i) theft, loss or disappearance of property, (ii) bodily injury (including fatality), and (iii) property damage, for all claims and losses (including attorney's fees and court costs), which may be brought against any one or more of them by anyone claiming to have been injured or otherwise to have suffered loss or damage as a result of your participation in the Program.
6. Privacy Policy.
Seagull recognizes the importance of protecting the privacy of the Participant’s personal information, and has prepared this Privacy Policy to provide the Participant with important information about privacy practices. This Privacy Policy applies when a Participant uses any website, mobile, or tablet application or other online service that references this Privacy Policy (collectively, the “Services”).
This Privacy Policy explains what personal data Seagull collects as part of the Services and the purpose for that collection. It also explains how Seagull uses your personal data and Participant choices about that use. By visiting the Services or submitting your personal data, you consent to the practices described in this Privacy Policy.
6.1. Seagull Institute Use of Images. The Participant hereby agrees that Seagull has full permission to take, store, use, reproduce and/or resell the image or likeness of the Participant by any audio and/or visual recording technique (including but not limited to electronic/digital techniques) for any legitimate purpose, including commercial sales and marketing purposes. The Participant understands and agrees that Seagull may take photographic and video images of the Participant(s), to be used for promotional purposes.
6.2. Information We Collect. We may collect personal information about our users in various ways. For example, we may collect information that you provide to us, information that we collect through your use of the Services, and information that we collect from publicly available sources or third parties.
6.2.1. Information You Provide to Us. In order to take advantage of the Services or features offered or provided by Seagull, you may be asked to provide personal information. For example, we may collect your name, e-mail address, mailing address, phone number, date of birth and other demographic information.
6.2.2. Information About Use of the Services. In addition to the information you provide to us, we may collect information about your use of the Services.
6.2.3. Information From Third-Party Sources. We may receive information about you from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site if you connect to the Services through that site.
6.3. How We Use Information.
6.3.1. To Provide You Access to the Services and Manage Your Requests on the Services. To contribute and participate in the Program we require your information for basic Program functions.
6.3.2. To Better Understand Our Participants. We may use information we gather to determine which areas of the Services are most frequently visited to understand how to enhance the Services.
6.3.3. To Protect the Rights of the Services and Others. We may use your personal information as we believe is necessary or appropriate to protect, enforce, or defend the legal rights, privacy, safety, or property of the Services, our employees or agents, or other users and to comply with applicable law.
6.4. Sharing With Third Parties. We may disclose your personal information to the following third parties:
6.4.1. Educational Affiliates (i.e. Teachers/Speakers, etc..). We may share information with our educational affiliates for the purpose of providing you the information you seek. These entities are expected to protect the confidentiality, integrity, and security of any information we share with them.
6.4.2. Service Providers. We may use service providers to perform a variety of services for Seagull. As a result, we may share your personal information with those businesses for the limited purpose of performing those services.
6.4.3. Other Parties When Required by Law or As Necessary to Protect Our Services. There may also be occasion for Seagull to disclose your personal data to third parties if it believes, in its sole discretion, that such disclosure is required by law, is necessary to enforce its user agreement or privacy policy, or in connection with a sale or transfer of some or all of the assets in Seagull.
6.4.4. Online Tracking. We may use cookies, web beacons, and similar tracking technologies to facilitate administration and navigation on the Services, to better understand and improve the Services, and to provide you with a customized online experience.
6.5. Cookies. A cookie is a string of information that is sent by a Web site and stored on your hard drive or temporarily in your computer’s memory. We may employ cookie technology to help you move faster through our Services. We may employ cookie technology to estimate our total audience size and traffic and to help us improve the Services’ experience by measuring which areas are of greatest interest to users. You can turn off the ability to receive any of these cookies by adjusting the browser in your computer, but you should note that if you do so, this may materially affect the functionality of the Services and the information you can access through them. Information about prohibiting the collection of cookies is set out below. If you wish to find out more about cookies, please visit the Interactive Advertising Bureau’s website.
Prohibiting the collection of cookies. If you would like to prevent Seagull from collecting cookies when you visit our site, please update the privacy setting in your chosen web browser. You can directly control cookie acceptance from there:
Google Chrome, Mozilla Firefox, Internet Explorer, Google Analytics
6.6. Links to Other Websites. We may make content or services on other websites including our co-branded websites, or other Seagull social media or managed educational institutions. These other websites are not subject to this Privacy Policy. We recommend that you review the Privacy Policy at each such website to determine how that site protects your privacy.
6.7. Transfer of Data Outside of Your Home Country. Your information may be stored, processed and accessed in the United States or any other countries where Seagull and our affiliates have facilities. By using the Services, you consent to the collection, transfer, storage, and processing of information outside your country. If you are located in the EU and applicable law specifies relevant legal grounds for processing personal data, the legal grounds for our processing activities are to perform our contract(s) with you; to meet our legal obligations; and for our legitimate business purposes, including to improve our operation and Services and to detect and prevent fraud. We rely on your consent to send your personal information to our affiliated or managed educational institutions so that they may send you direct marketing messages about educational offerings and related services. Please see the “Your Ability To Choose” section below for more information on how to withdraw your consent at any time. You may lodge a complaint with a supervisory authority if you consider that our processing of your personal information infringes applicable law.
6.8 Your Ability To Update. Access, Update, or Correct Information and Other Data Subject Rights. You may have certain rights as a data subject under local law. For example, you may have the right to access, update, or correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law, or the right to data portability. If you would like to access, review, or update your information or otherwise exercise your rights, please contact us at studentservices@seagullinstitute.com
6.9. Security. We have adopted technical, and administrative safeguards to help protect against theft, loss, misuse, and unauthorized access to or disclosure of the information we collect and receive. However, please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we are concerned with the security of your personal data and strive to protect your information and privacy, we cannot and do not guarantee the security of any information you disclose or transmit to our Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information, or any other disclosures out of our control.
7. Governing Law
Any claim relating to Seagull (DBA), Seagull Transformation, Inc.'s shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
Recitals
1. Seagull is an Illinois corporation which is engaged in the business of organizing international educational programs online and in person.
The educational program contemplated under this Agreement will hereinafter be referred to as the “Program”. Individuals who are participating in the Program will hereinafter be referred to as “Participants”.
2. The parties wish to set forth the terms which govern the services to be provided by Seagull in this Agreement.
Accordingly, in consideration of the mutual covenants, conditions and promises herein, the parties agree as follows:
Agreement
1. Work Product.
Any ideas, discoveries, works, inventions, patents, marks, service marks, trademarks, and/or other intellectual property which has been or will be developed in whole or in part by Seagull in connection with the Program or related services (hereinafter the “Work Product”) will be the exclusive property of Seagull. Such Work Product will include, but not be limited to, that which is eligible for copyright, trademark, or patent protection. Upon request, the Participant will execute any and all documents which are required to confirm or perfect the exclusive ownership of Seagull to the Work Product.
2. Use of Images.
If the Participant uses images or pictures taken by or on behalf of Seagull, in any public communication or media or social media site, it shall give credit to Seagull with respect to the image or picture in question.
3. Non-Responsibility for Errors.
Seagull is not responsible for typographical or printing errors with respect to the information it provides to Participants, including but not limited to pricing information.
4. Participants Evaluations and Conduct.
4.1. Participant Evaluations. Participants will be required to be evaluated by Seagull in order to participate in Seagull programs. Seagull reserves the right to evaluate, and include or exclude Participants for the Programs.
4.2. Participant Conduct. It is understood that the international implications of this agreement are such that the conduct of Participants during the course of the program is of utmost importance. Participants, therefore, agree to conform to standards of conduct consistent with the maintenance of a positive reputation of Seagull and to conform to all applicable rules, regulations and policies. The Participant understands and agrees that in the event Seagull shall determine the conduct or academic standards of Participants are detrimental to the best interests of the program, Seagull may terminate the participation of Participants in the program. You acknowledge and agree to abide by any Official Rules and Guidelines for the Program that may be posted at the Program or on the Program's website or otherwise communicated to you verbally or in writing at the Program and/or by Seagull. Seagull reserves the right to dismiss any Participant from the program if that person’s presence is felt by Seagull to be detrimental to the enjoyment of the program by others, is dangerous to the Participant or others, or for failure to abide by Seagull’s rules and regulations. Participants who have been removed from their program waive the right to a refund of any part of the fee.
5.Liability.
Participant hereby agrees to waive and release any and all rights, claims and causes of action you have or may have against Seagull that may arise as a result of your participation in the Program; and agrees to indemnify, defend, and hold harmless Seagull from and against any and all injuries, losses, causes of action, liabilities, damages, expenses (including attorney's fees and court costs) or claims (collectively, "Claims") that might arise directly or indirectly from your participation in the Program and/or the condition of the property, facilities or equipment used for the Program, regardless of when such Claim may arise including, without limitation, Claims relating to (i) theft, loss or disappearance of property, (ii) bodily injury (including fatality), and (iii) property damage, for all claims and losses (including attorney's fees and court costs), which may be brought against any one or more of them by anyone claiming to have been injured or otherwise to have suffered loss or damage as a result of your participation in the Program.
6. Privacy Policy.
Seagull recognizes the importance of protecting the privacy of the Participant’s personal information, and has prepared this Privacy Policy to provide the Participant with important information about privacy practices. This Privacy Policy applies when a Participant uses any website, mobile, or tablet application or other online service that references this Privacy Policy (collectively, the “Services”).
This Privacy Policy explains what personal data Seagull collects as part of the Services and the purpose for that collection. It also explains how Seagull uses your personal data and Participant choices about that use. By visiting the Services or submitting your personal data, you consent to the practices described in this Privacy Policy.
6.1. Seagull Institute Use of Images. The Participant hereby agrees that Seagull has full permission to take, store, use, reproduce and/or resell the image or likeness of the Participant by any audio and/or visual recording technique (including but not limited to electronic/digital techniques) for any legitimate purpose, including commercial sales and marketing purposes. The Participant understands and agrees that Seagull may take photographic and video images of the Participant(s), to be used for promotional purposes.
6.2. Information We Collect. We may collect personal information about our users in various ways. For example, we may collect information that you provide to us, information that we collect through your use of the Services, and information that we collect from publicly available sources or third parties.
6.2.1. Information You Provide to Us. In order to take advantage of the Services or features offered or provided by Seagull, you may be asked to provide personal information. For example, we may collect your name, e-mail address, mailing address, phone number, date of birth and other demographic information.
6.2.2. Information About Use of the Services. In addition to the information you provide to us, we may collect information about your use of the Services.
6.2.3. Information From Third-Party Sources. We may receive information about you from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site if you connect to the Services through that site.
6.3. How We Use Information.
6.3.1. To Provide You Access to the Services and Manage Your Requests on the Services. To contribute and participate in the Program we require your information for basic Program functions.
6.3.2. To Better Understand Our Participants. We may use information we gather to determine which areas of the Services are most frequently visited to understand how to enhance the Services.
6.3.3. To Protect the Rights of the Services and Others. We may use your personal information as we believe is necessary or appropriate to protect, enforce, or defend the legal rights, privacy, safety, or property of the Services, our employees or agents, or other users and to comply with applicable law.
6.4. Sharing With Third Parties. We may disclose your personal information to the following third parties:
6.4.1. Educational Affiliates (i.e. Teachers/Speakers, etc..). We may share information with our educational affiliates for the purpose of providing you the information you seek. These entities are expected to protect the confidentiality, integrity, and security of any information we share with them.
6.4.2. Service Providers. We may use service providers to perform a variety of services for Seagull. As a result, we may share your personal information with those businesses for the limited purpose of performing those services.
6.4.3. Other Parties When Required by Law or As Necessary to Protect Our Services. There may also be occasion for Seagull to disclose your personal data to third parties if it believes, in its sole discretion, that such disclosure is required by law, is necessary to enforce its user agreement or privacy policy, or in connection with a sale or transfer of some or all of the assets in Seagull.
6.4.4. Online Tracking. We may use cookies, web beacons, and similar tracking technologies to facilitate administration and navigation on the Services, to better understand and improve the Services, and to provide you with a customized online experience.
6.5. Cookies. A cookie is a string of information that is sent by a Web site and stored on your hard drive or temporarily in your computer’s memory. We may employ cookie technology to help you move faster through our Services. We may employ cookie technology to estimate our total audience size and traffic and to help us improve the Services’ experience by measuring which areas are of greatest interest to users. You can turn off the ability to receive any of these cookies by adjusting the browser in your computer, but you should note that if you do so, this may materially affect the functionality of the Services and the information you can access through them. Information about prohibiting the collection of cookies is set out below. If you wish to find out more about cookies, please visit the Interactive Advertising Bureau’s website.
Prohibiting the collection of cookies. If you would like to prevent Seagull from collecting cookies when you visit our site, please update the privacy setting in your chosen web browser. You can directly control cookie acceptance from there:
Google Chrome, Mozilla Firefox, Internet Explorer, Google Analytics
6.6. Links to Other Websites. We may make content or services on other websites including our co-branded websites, or other Seagull social media or managed educational institutions. These other websites are not subject to this Privacy Policy. We recommend that you review the Privacy Policy at each such website to determine how that site protects your privacy.
6.7. Transfer of Data Outside of Your Home Country. Your information may be stored, processed and accessed in the United States or any other countries where Seagull and our affiliates have facilities. By using the Services, you consent to the collection, transfer, storage, and processing of information outside your country. If you are located in the EU and applicable law specifies relevant legal grounds for processing personal data, the legal grounds for our processing activities are to perform our contract(s) with you; to meet our legal obligations; and for our legitimate business purposes, including to improve our operation and Services and to detect and prevent fraud. We rely on your consent to send your personal information to our affiliated or managed educational institutions so that they may send you direct marketing messages about educational offerings and related services. Please see the “Your Ability To Choose” section below for more information on how to withdraw your consent at any time. You may lodge a complaint with a supervisory authority if you consider that our processing of your personal information infringes applicable law.
6.8 Your Ability To Update. Access, Update, or Correct Information and Other Data Subject Rights. You may have certain rights as a data subject under local law. For example, you may have the right to access, update, or correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law, or the right to data portability. If you would like to access, review, or update your information or otherwise exercise your rights, please contact us at studentservices@seagullinstitute.com
6.9. Security. We have adopted technical, and administrative safeguards to help protect against theft, loss, misuse, and unauthorized access to or disclosure of the information we collect and receive. However, please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we are concerned with the security of your personal data and strive to protect your information and privacy, we cannot and do not guarantee the security of any information you disclose or transmit to our Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information, or any other disclosures out of our control.
7. Governing Law
Any claim relating to Seagull (DBA), Seagull Transformation, Inc.'s shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
