TERMS AND CONDITIONS OF USE
1. Acceptance of Terms and Conditions of Use
Welcome to PhotoSaurus Photo Contests. This site is referred to as “Site”. PhotoSaurus Photo Contest is referred to as “PSPC”.
By using this Site, you signify your agreement to these Terms and Conditions of Use (“Terms”). If you do not agree to these Terms, please do not use this Site.
2. Copyrights and Trade-marks
This Site is provided for your personal, non-commercial use only. The content on this Site, other than Submissions (defined below), including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and all of the names, titles, logos, and designs (the “Marks”) on this Site, including any derivative and related names, titles, logos and designs, are owned by or licensed to PSPC and are subject to copyright, trademark, and other intellectual property rights under US and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes any part of this Site, including, without limitation, the Content and Marks, except as authorized by these Terms.
The use of this Site is subject to the PSPC Online Privacy Statement below, which forms a part of these Terms.
4. Linked Web Sites
We may include links on the Site to other Internet sites over which we have no control. We make no endorsements, warranties or representations of any kind whatsoever regarding those other sites, including the products, software, materials, services, content or accuracy or appropriateness of content on the sites. Your decision to access any other Internet sites shall be entirely at your own risk and discretion.
5. Submissions and Forums
PSPC may enable you to submit your photos or other content to the Site (collectively “Submissions”). For clarity, you retain all of your ownership rights to your Submissions, unless otherwise agreed. PSPC is not required to host, display, or distribute any Submissions, and may remove them at any time. PSPC is not responsible for any loss, theft or damage of any kind to any Submissions. When you provide us with a Submission, you grant to PSPC a non-exclusive, fully-paid, world-wide, transferable, royalty-free license, with the right to grant sublicenses, to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify and otherwise use and reuse your Submissions, in whole or in part, in any manner, medium and technology now known or hereinafter created, for any purpose.
You acknowledge and agree that: (a) you have no expectation of compensation or confidentiality of any nature with respect to any Submission; and (b) PSPC may already have projects under consideration that are similar to a Submission or may independently develop projects that are unintentionally similar to a Submission. You represent and warrant that: (a) you own all rights in your Submissions or, alternatively, you have acquired all necessary rights and permissions in your Submissions to enable you to grant to PSPC the rights in your Submissions described herein; (b) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial obligations of any kind, arising from any use or commercial exploitation of your Submissions, and PSPC will not be responsible for such obligations; (c) you are the individual pictured and/or heard in your Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your Submissions to enable you to grant to PSPC the rights in your Submissions described herein; and (d) your Submissions do not infringe the intellectual property, privacy, publicity or any other legal or moral rights of any third party, and you hereby irrevocably waive all moral rights in your Submissions.
PSPC reserves the right to display advertisements in connection with your Submissions and to use your Submissions to advertise and promote your Submissions or the Site. “Forum” means a chat area, Blog, e-mail or any other message or communication facilities or functions offered as part of this Site. If you participate in any Forum, you must not violate or infringe the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without PSPC’s written approval, contains advertising or any solicitation with respect to products or services. You acknowledge and agree that communications by users are not monitored, screened, sanctioned or endorsed by us. However, we reserve the right, but not the obligation, to monitor the content of this Site, including the Forums, and to remove, refuse to post or edit any content which we, in our sole discretion, determine to be in violation of these Terms or otherwise objectionable.
6. Disclaimer and Limitation of Liability
THIS SITE AND THE INFORMATION OR MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE OR THE SERVERS THAT MAKE MATERIAL AVAILABLE WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. WE ALSO PROVIDE NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.
You acknowledge and expressly agree that use of this Site is at your sole risk and discretion. You agree to release and indemnify PSPC and hold PSPC and its directors, officers, employees, agents and representatives absolutely harmless from any claim arising from or in any way connected to your use of this Site, including without limitation your Submissions to this Site or your failure to comply with these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with us in asserting any available defenses. In no event will PSPC or its directors, officers, employees, agents and representatives be liable to any party under any circumstances for any indirect, incidental, special, or consequential damages or lost profits that result from your use of, or your inability to use, this Site or materials or functions on this Site, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses, and causes of action (whether in tort, negligence, statute, contract, common law, equity or otherwise) exceed the amount paid by you to us, if any, for accessing this Site.
7. Governing Law and Jurisdiction
This Site is controlled by us from our offices within California. Those who choose to visit and use this Site do so on their own initiative and are responsible for compliance with local laws. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard or giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in courts located in Delaware, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.
We reserve the right to change or discontinue any feature of the Site, including, but not limited to, these Terms, at any time, by posting revisions on the Site. Please check these Terms periodically for changes. Your continued use of this Site following the posting of changes to these Terms constitutes your acceptance of those changes. If you object to any such changes, your sole recourse shall be to cease using this Site.
The failure of PSPC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The terms of Sections 2 and 5 through 8 of these Terms shall remain in full force and effect notwithstanding any termination of your use of this Site. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Look, we use the internet too — a lot — and there’s nothing we hate more some morons collecting our personal information and spamming us with a bunch of stuff we don’t want. We promise we won’t do that to you.
1. What Personal Information is Collected From You
When PSPC collects personally identifiable information from you it’s always for a good reason, such as a contest or to provide you with requested notifications or information. Any time we ask you to provide your information to us, we’ll always tell you why and what for. All services of this kind are always opt-in, so you never have to worry about sneaky checkboxes.
2. How Your Personal Information Is Used
Any information you provide will be kept confidential and only used for the purposes we explicitly say it’s for. Information regarding you will only be kept for as long as is required to fulfill the purpose for which it was collected.
3. With Whom Your Information Is Shared
In very limited circumstances, we may use outside parties to administer contests, promotions and other online activities on our behalf. This may involve the collection of personal information. We always ensure that the way any outside party collects and retains personal information conforms to our privacy regime. There may also be instances in which we are required by law to provide personal information without your consent. Such instances include emergency situations, or where otherwise required by law.
Other than as indicated above, we will not sell, rent, share or otherwise make available your personal information to any outside parties without your consent.
4. Collection and Use of Non-personal Information
Like every site on the web, we compile anonymous information on our visitors. This is collected for statistical purposes only, and can in no way be traced back to you as an individual. One day we’ll use this aggregate information to improve the site, but for now it’s just to satiate our own gnawing curiosity about what sorts of things you people are interested in doing here.
5. Links and Forums
PSPC sites may contain links to some other sites. While we think they’re good sites (otherwise we wouldn’t link to them), we are not responsible in any way for the privacy practices on these sites so, you know, user beware.
As for comments posted in the Blog, we beg you to use some common sense in protecting yourself. Remember that it’s a public forum, which means any member of the public can see it, and it goes without saying that the public is not to be trusted. So don’t go posting anything there that someone could use in bad ways against you, okay? Just don’t.
Generally, we remind you that the Internet is not a secure medium. The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. As such and despite our best efforts, your privacy cannot always be guaranteed when you communicate online or otherwise visit any website.