Photo Submission Terms and Conditions
Photo Submission Terms and Conditions
By clicking "Submit", checking the required acceptance box, or uploading your photos, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions.
Campaign: Soccer Game Fan Photos and Weekly Photo Gallery Company: SPORTORITY INC. (d/b/a Minute Media)
BY UPLOADING, SUBMITTING, OR OTHERWISE PROVIDING YOUR AUDIO, VIDEO, PHOTOGRAPHY, OR OTHER MATERIALS OR CONTENT (THE "MATERIALS") TO SPORTORITY INC. AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS, LICENSEES, CONTRACTORS, AND ASSIGNEES (COLLECTIVELY, "COMPANY"), YOU ("SUBMITTER") AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
1.Eligibility, Content Ownership, Permissions & Releases
You represent and warrant that you are at least 18 years of age; individuals under 18 are strictly prohibited from submitting Materials.
You represent and warrant that you own the copyright to the Materials or have explicit permission from the owner to submit it, and that no third-party consents are necessary to grant these rights. If individuals are visible in the Materials, you warrant that you have obtained their explicit consent. You further represent and warrant that the Materials provided hereunder shall not violate or infringe any right of privacy, personality, or publicity, any trademark, copyright or other intellectual property right, or any other right of any third party.
2.License Granted
By submitting an image, you hereby grant to Company, its affiliate and licensors a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, and transferable right and license to use and fully exploit the Materials. Company may edit, add to, enhance, recreate, alter, delete, and/or modify the Materials for inclusion in the campaign, and for commercial, marketing, promotional, public relations and editorial purposes across any media, now known or hereafter devised, throughout the universe in perpetuity. You acknowledge that any inclusion of the Materials will be deemed a “work-made-for-hire” for Company within the meaning of U.S. copyright laws, and Company will be the sole and exclusive owner thereof. You also acknowledge and agree that Company has the right to provide all submitted Materials and associated consumer data directly to its licensor.
3.Content Restrictions
Photos containing explicit sexual content, violence, illegal activities, or offensive material are strictly prohibited. The gallery reserves the right to reject or remove submissions, in its sole discretion, without explanation or notice.
4.No Compensation or Obligation to Use
You understand that the Materials shall not be subject to any union, guild or collective bargaining agreement, and you will not receive any payments for use of the Materials. Company is permitted, but not obligated, to include your name as a credit, and nothing contained herein will require Company to use any of the rights or Materials granted.
5.Release and Indemnity
You unconditionally and absolutely waive, release, discharge and agree to hold harmless Company, its affiliates, its licensors along with their respective officers, agents, directors, successors, employees, licensees and assigns, from any and all claims, demands, damages, rights of action or causes of action (including without limitation, reasonable attorneys’ fees and expenses) present or future, arising from the use of your Materials. This includes, without limitation, any claims of defamation, invasion of privacy, rights of publicity or copyright.
You agree to indemnify Company its affiliates, its licensors along with their respective officers, agents, directors, successors, employees, licensees and assigns from and against all claims, demands, damages, rights of action or causes of action resulting from any breach or alleged breach of your representations, warranties, covenants or agreements hereunder.
6. Limitation of Company's Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE MATERIALS. FURTHERMORE, COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS SHALL BE STRICTLY LIMITED TO A MAXIMUM OF ONE HUNDRED U.S. DOLLARS ($100 USD).
In the event of a claim or controversy, your rights and remedies will be limited to the right to recover money damages in accordance with this Section, and in no event will you be entitled to rescind or terminate any of the rights granted or seek to enjoin or restrain the production, advertising, promotion, exhibition, distribution or other exploitation of the campaign.
7. Governing Law
This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of New York. You hereby submit to the exclusive personal and subject matter jurisdiction and venue of the local, state and federal courts located in New York County.