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I (the "Moderator") am voluntarily participating in a program and community on Raptor Teeth. In consideration of the permission granted to me by Raptor Teeth to participate and/or have my video, audio, text, photographic and copyrighted materials used (hereinafter referred to, collectively, as "My Participation") in Raptor Teeth Programming and Content (the "Content"). I understand that I will receive no monetary compensation for the rights granted herein.
The Moderator hereby releases Raptor Teeth, and their officers, trustees, employees and agents (hereinafter referred to, collectively, as ''Raptor Teeth'') from all actions, damages, or claims which the Moderator or my assigns may have against them which may be incurred as a result of My Participation in the above-described Content or the use by Raptor Teeth of any material related to My Participation.
Further, the Moderator agrees to indemnify and hold harmless Raptor Teeth from any liability, loss or expenses arising from any claim or litigation that My Participation in the Content, including my statements or actions, or material furnished by me, violated or infringed the rights of third parties.
Nothing contained in this Agreement shall create any partnership or joint venture between the parties. Neither party may make binding commitments on the part of the other, except as otherwise specifically agreed hereunder.
The Moderator am responsible for all opinions expressed in public or recorded material, including but not limited to any implications, statements, assumptions, and wording that can be misconstrued, twisted, or misinterpreted by any person or entity.
The Moderator agrees that he shall not, at any time at which he is in agreement by Raptor Teeth, or at any time following the termination of such agreement for any reason or cause whatsoever (whether such termination is voluntary on the Moderator’s part or not), directly or indirectly, use or disclose to any person or entity, except Raptor Teeth and Raptor Teeth’s duly authorized agents: (A) Trade Secrets; (B) any information obtained from any person, firm or entity for which Raptor Teeth, or Raptor Teeth’s affiliates, has, at any time, Customer Information; (C) the Moderator’s knowledge of Raptor Teeth’s customers; (D) Raptor Teeth’s active or inactive accounts and customers; (E) Raptor Teeth’s method of operation; (F) the number and character of Raptor Teeth’s contracts; (G) the prices, terms or particulars of Raptor Teeth’s business; (H) Raptor Teeth’s business secrets; (I) Raptor Teeth’s records, statistics; or (J) any other information acquired by the Moderator in the course of his agreement with Raptor Teeth; nor in any manner aid or be a party to any acts, the effect of which would tend to divert, diminish or prejudice the good will or business of Raptor Teeth. The Moderator shall, at all times during his agreement with Raptor Teeth and thereafter, treat all Trade Secrets and Customer Information on a confidential basis and shall not use Trade Secrets or Customer Information for any purpose other than for the performance of services for Raptor Teeth.
The Moderator acknowledges that Trade Secrets are the sole and exclusive property of the Raptor Teeth. The Moderator shall surrender possession of all Trade Secrets to Raptor Teeth upon any suspension or termination of the Moderator’s agreement with Raptor Teeth. If, after the suspension or termination of the Moderator’s agreement, the Moderator becomes aware of any Trade Secrets in his possession, the Moderator shall immediately surrender possession thereof to Raptor Teeth.
The Moderator agrees that if any provision of this Agreement is held invalid or unenforceable, such provision shall be severed and the balance of this Agreement shall remain valid and enforceable, and further, that should any court hold that the time or geographic limitations of the covenants and agreements contained in this Agreement are too broad to be enforced, such court shall not disregard these provisions, but shall instead enforce
such provisions as to the scope, time and geographical area as the court deems equitable.
This Agreement is the final expression of all the parties’ agreements regarding the subject matter of this Agreement, all other prior written or oral agreements being superseded by this Agreement. All prior oral promises, representations, waivers and courses of conduct shall not be relied upon and are of no further effect.
This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, the United States of America applicable to contracts made and to be wholly performed within such State.
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, personal representatives, legal representatives, successors, and assigns.
The Moderator may not assign any of his rights or delegate any of their duties hereunder without the prior written consent of Raptor Teeth. Raptor Teeth may not assign any of its rights or delegate any of its obligations hereunder.
I, the undersigned, am at least 18 years of age. I have read this Agreement and understand all of its terms. I execute it voluntarily and with full knowledge of its significance.
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