By submitting a photo on this website, you hereby agree to the following terms and conditions (“Agreement”):
- You remain the owner of your photograph (“Photograph”) and retain the rights to it. However, submission of your Photograph to Museum London (“ML”) means that you allow ML to format the Photograph for presentation in all media formats and through all media channels including but not limited to film, video, television, Internet, and other electronic, broadcast and other media, now known or later developed. You also authorize others to do the same, provided the foregoing is in furtherance of ML’s non-profit, educational or promotional purposes. You grant ML the nonexclusive right and license to distribute, transmit or otherwise communicate to the public a display of the Photograph (including derivative works thereof), as well as perform, reproduce, modify or use it. You hereby give ML permission to reproduce your Photograph in any publication or self-published catalogue by ML. The above licenses granted by you are perpetual, world-wide, royalty-free, non-terminable and irrevocable.
- ML will use your personal information only for the purposes of this project. By participating in Click! Panoramic Americas, you agree to the collection and use of information in accordance with these Terms and Conditions. We may use your personal information to contact you regarding this project only. The security of your personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
- You assume the responsibility for having obtained contracts or releases from individuals or entities whose likenesses, trademarks, written materials, artworks or similar materials or rights are shown in the Photograph, and that copies of releases or contracts shall be provided to ML upon request. You agree to only submit Photographs for which you are the owner of all proprietary rights (copyrights, trademark rights, rights of privacy, rights of publicity, trade secret or other rights). You agree to only submit Photographs for which you have written permission from the rightful owners to use the Photograph. You grant the licenses herein granted to ML to use the Photograph.
- You warrant that the Photograph contains no unlawful material and that you own or have the necessary permissions, consents, rights, and licenses to use and to authorize ML to use all trade secret, trademark, patent, copyright or other proprietary rights in and to the Photograph. You agree to hold harmless, indemnify and defend ML and its affiliates, sublicensees, directors and officers from and against any and all expenses (including reasonable attorneys’ fees), costs, damages, losses, liabilities and claims arising from: (a) your violation of this Agreement, and (b) the violation of any third party rights, including but not limited to trade secret, rights of privacy or publicity, trademark rights, copyrights or any other proprietary right by your Photograph. This obligation and the representations and warranties made by you in this Agreement shall survive the termination and expiration of this Agreement.
- You understand that ML cannot guarantee that the Photograph, if posted on its website, will not be forwarded, used, modified and/or further distributed by third parties. Unauthorized duplications, modifications, distributions or use of the Photograph by third parties on the Internet or otherwise shall not be the responsibility/liability of ML and those it may authorize.
- You hereby represent and warrant that you are at least 18 years old, that you are fully able and competent to enter into this Agreement, to grant the rights and permissions outlined in this Agreement, to make the representations and warranties set forth in the Agreement, and that you have full power and authority to enter into this Agreement.
- You agree that ML and its designees, as permitted by ML, shall have the right to use your name, likeness and any biographical materials in connection withClick! Panoramic Americas and in advertising, publicity and promotion related thereto.
- You agree that ML is under no obligation to produce, display or exhibit the Photograph. Decisions regarding the selection of photographs for Click! Panoramic Americas and their display shall be at ML’s sole discretion. Note that images are moderated to remove files of insufficient technical quality, potential duplication, business and promotional solicitation, and images that are offensive, defamatory, libelous and/or unlawful. You agree that your Photograph and any related submissions will not be returned to you.
- This Agreement constitutes an understanding between you and ML with respect to this project, and cannot be amended except in writing signed by you and ML. Should a court find any portion of the Agreement unenforceable or invalid, the remainder of the Agreement shall be interpreted so as to best effect the intent of the parties. The Agreement is interpreted and governed by the laws of the Province of Ontario. Any legal action, suit or proceeding arising out of or relating to the Agreement or the violation of this Agreement shall be instituted in any state or federal court of competent jurisdiction located in Middlesex County in the Province of Ontario and you hereby submit and consent to the jurisdiction of such court and waive any objection to venue in such court.
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