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TERMS & 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
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and Conditions may be superseded by expressly designated Terms and Conditions or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
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
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.
- 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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