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Terms and Conditions
"Submit a Photo" Terms & Conditions IMPORTANT LEGAL NOTICE: Agreement for submitting  content to ATTENTION: These terms and conditions ("the Terms and  Conditions") apply to the website under the domain name ("the Website") and to any electronic  correspondence between you and 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  terms. 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. INTRODUCTION   - 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  Certain provisions of these Terms and Conditions may be  superseded by expressly designated Terms and Conditions  or terms located on particular pages at this Website. 2.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  reserved.   - 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  is covered under the Privacy Policy, any material you  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. INDEMNITY   - 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. LIABILITY   - 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  applicable law.   - 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.  6. PRIVACY POLICY  - The information that you provide about yourself to the  Company will only be used by the Company in accordance  with its Privacy Policy. The Privacy Policy does not apply to 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  Works.
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