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Terms and Conditions
"Submit a Photo" Terms & Conditions
IMPORTANT LEGAL NOTICE: Agreement for submitting
content to swimzip.com
ATTENTION: These terms and conditions ("the Terms and
Conditions") apply to the website under the domain name
swimzip.com ("the Website") and to any electronic
correspondence between you and swimzip.com concerning
submitting a photo to this Website.
Please read the Terms and Conditions carefully before
submitting a photo to this Website. Submitting a photo
("Works"), to this Website indicates that you accept these
If you do not accept these Terms and Conditions, do not
submit Works to this Website. This notice is issued by
Swimzip, LLC. ("the Company").
- 1.1 You may only submit Works to this Website by
expressly acknowledging acceptance of these Terms and
Conditions and providing an email address.
- 1.2 The Company may revise these Terms and
Conditions at any time by updating this posting. You should
check this Website from time to time to review the current
Terms and Conditions, because it is binding on you.
Certain provisions of these Terms and Conditions may be
superseded by expressly designated Terms and Conditions
or terms located on particular pages at this Website.
2. INTELLECTUAL PROPERTY RIGHTS
- 2.1 Unless otherwise stated, the copyright and other
intellectual property rights in all material on this Website
(including without limitation photographs and graphical
images) are owned by the Company or its licensers.
- 2.2 Any rights not expressly granted in these terms are
- 2.3 You represent and warrant that you are the owner of
all right title and interest in the Works or that you have the
right to grant the license set forth below in paragraph 3.1.
3. VISITOR‚ AND SUBMISSION OF WORKS
- 3.1 In consideration for your Works appearing on the
Website, you grant the Company a perpetual royalty free
non-exclusive license to use, reproduce, modify, translate,
transmit, distribute and sub-license any Works you supply
or communicate to the Website in any medium, now in
existence or hereafter developed, for any purposes,
including commercial use.
- 3.2 Other than personally identifiable information, which
transmit or post to this Website shall be considered non-
confidential and non-proprietary. The Company shall have
no obligation with respect to such material.
- 3.3 You are prohibited from posting or transmitting to or
from this Website any Works for which you have not
obtained all necessary licenses and/or approvals.
- 3.4 The Company respects the intellectual property rights
of others, and we ask our users do the same.
- 3.5 If you believe your work has been copied and is
accessible on the Website, or that it contains links or
references to another online location that contains Works
that infringes your copyright, please contact the Company.
- 4.1 You agree to indemnify the Company and its
affiliates, employees, agents, its designees and licensees
and to hold them harmless from any and all claims and
liabilities (including legal fees) that may arise from your
submissions of Works to the Website, from your breach of
these Terms and Conditions, or from any such acts arising
from your use of the Website.
- 4.2 You agree to indemnify the Company, and any other
party (whether or not involved in creating, producing,
maintaining or delivering this Website), and any of the
Company‚ and or group companies and the officers,
directors, employees, shareholders, agents or any of them,
from all liability and responsibility for any amount or kind of
loss or damage that may result to you or to a third party
(including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income,
profits, goodwill, data, contracts, use of money, or loss or
damages arising from or connected in any way to business
interruption, and whether in tort (including without limitation
negligence), contract or otherwise) in any way or in
connection with submitting Works to this Website or by the
Company reproducing the Works in any form.
- 5.1 Nothing in this Terms and Conditions shall exclude or
limit the Company¬¥s liability for:(a) death or personal
injury caused by negligence (as such term is defined by
the Unfair Contract Terms Act 1977); or(b) fraud; or(c)
misrepresentation as to a fundamental matter; or(d) any
liability which cannot be excluded or limited under
- 5.2 If the submission of Works to this Website results in
the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof.
- The information that you provide about yourself to the
Company will only be used by the Company in accordance
third party sites.
7. GOVERNING LAW AND JURISDICTION
- These Terms and Conditions shall be governed by and
construed in accordance with the laws of the United
States, where the issue is a federal question and the laws
of the State of California where the issue is a state
question. Disputes arising in connection with these Terms
and Conditions shall be subject to the exclusive jurisdiction
and venue of a court in the State of California and disputes
arising in connection with the copyright laws shall be
subject to the exclusive jurisdiction of the United States
Courts in the Southern District of California.
8. EFFECTIVE DATE
- This Agreement is effective on the date you agree to
these terms and conditions and successfully submit the