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This Image Submission and License Agreement (the "Agreement") is entered into by and between the website operator (the "Website," "we," "us," or "our"), and the individual submitting an image and associated metadata to the Website (the "Contributor," "you," or "your"). By submitting an image through the Website, checking the acceptance box, and/or clicking "Submit," you accept and agree to be bound by all terms of this Agreement. If you do not agree to these terms, do not submit an image.
a. "Image" means any photograph, illustration, or other visual work file uploaded or otherwise submitted by Contributor through the Website, including any link or URL provided by Contributor to an image hosted elsewhere.
b. "Metadata" means all information submitted with or attached to an Image, including but not limited to the date and location of capture, photographer or creator name, source URL, title, caption, description, keywords, tags, and any other descriptive, technical, or provenance information provided by Contributor.
c. "Submission" means the Image and all accompanying Metadata submitted by Contributor through the Website on any given occasion.
Contributor may submit an Image either by (i) uploading an image file that Contributor personally captured or created, or (ii) providing a valid, working link or URL to an Image hosted on a third-party website or platform, together in either case with the required Metadata fields requested by the Website.
By making a Submission, Contributor represents, warrants, and covenants to the Website that:
a. Contributor either (i) personally took or created the photograph or Image comprising the Submission, or (ii) has provided an accurate and currently valid link or citation identifying where the Image is hosted or was originally published, and in either case Contributor owns, or has obtained all necessary rights, licenses, permissions, and consents from the rights holder(s), to submit the Image and to grant the license described in Section 4 below.
b. All Metadata provided with the Submission is true, accurate, and complete to the best of Contributor's knowledge, and Contributor has not altered, fabricated, or misrepresented any date, location, authorship, source, or other descriptive information associated with the Image.
c. Contributor has the full right, power, and legal authority to enter into this Agreement and to grant the rights and licenses granted herein, and doing so does not and will not violate or infringe upon the copyright, trademark, right of publicity, right of privacy, or any other intellectual property or proprietary right of any third party, and does not breach any agreement, obligation, or duty owed to any third party.
d. Where the Image depicts one or more identifiable individuals, Contributor has obtained any consent or model release required under applicable law for the use of that individual's likeness in the manner contemplated by this Agreement, or the use is otherwise lawful without such consent.
e. The Image and Metadata do not contain any material that is unlawful, defamatory, obscene, infringing, or that otherwise violates the rights of any third party or any applicable law or regulation.
f. Contributor is at least 18 years of age, or has obtained the consent of a parent or legal guardian to enter into this Agreement, and has the legal capacity to grant the rights described herein.
In consideration of the Website's acceptance and potential publication of the Submission, Contributor hereby grants to the Website, its owner(s), and its successors and assigns, a royalty-free, worldwide, non-exclusive, perpetual, and irrevocable license, with the right to sublicense, to use, reproduce, copy, distribute, publicly display, publicly perform, modify, adapt, translate, create derivative works from, and otherwise exploit the Image and Metadata, in whole or in part, in any manner and by any means, whether now known or later developed, and for any purpose whatsoever, including commercial, promotional, editorial, and marketing purposes, without any additional notice to, consent from, or compensation payable to Contributor.
The rights granted in this Section 4 include, without limitation, the right of the Website to combine the Image with other content, crop, resize, recolor, or otherwise edit the Image, attribute or decline to attribute the Image to Contributor, and sublicense any or all such rights to third parties.
Contributor acknowledges and agrees that the Submission is made voluntarily and without expectation of payment, royalty, or other compensation of any kind. The Website is under no obligation to use, publish, or display any Submission and may decline, remove, or discontinue use of any Submission at its sole discretion at any time, for any reason or no reason.
Contributor agrees to defend, indemnify, and hold harmless the Website, its owner(s), officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) any breach of Contributor's representations, warranties, or obligations under this Agreement; (b) any claim that the Image or Metadata infringes, misappropriates, or violates the intellectual property, privacy, publicity, or other rights of any third party; or (c) any inaccurate or false Metadata provided by Contributor.
The Submission is provided "as is." The Website makes no warranties regarding the Image or Metadata and assumes no responsibility for verifying the accuracy of Contributor's representations, though it reserves the right to request supporting documentation or evidence of ownership or rights at any time.
To the fullest extent permitted by law, the Website shall not be liable to Contributor for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement or the use of any Submission.
This Agreement is effective upon submission of an Image and remains in effect for the duration of the license granted in Section 4, which is perpetual and irrevocable. The representations, warranties, and indemnification obligations of Contributor shall survive any termination or expiration of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Fulton County, Georgia (Atlanta, Georgia), and Contributor consents to the personal jurisdiction and venue of such courts.
a. Entire Agreement. This Agreement constitutes the entire agreement between Contributor and the Website regarding each Submission and supersedes any prior understandings on the subject matter herein.
b. Amendment. The Website may update or modify this Agreement from time to time; the version in effect at the time of a given Submission governs that Submission.
c. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
d. No Waiver. Failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision.
e. Assignment. The Website may assign this Agreement and the rights granted herein without restriction. Contributor may not assign this Agreement.
By checking the box and/or submitting an Image, Contributor acknowledges that they have read, understood, and agree to be bound by this Agreement:
Contributor confirms that the image metadata provided is true and accurate.
Contributor confirms that they personally took this photograph, or they have provided an accurate link to where it is hosted, and that they own or otherwise hold the rights necessary to share it.
Contributor grants the Website a royalty-free, worldwide, non-exclusive, perpetual, and irrevocable license to use this image in any manner it decides, as described in this Agreement.