Terms of Service
Disclaimer
The International Black and White Photography Awards, are owned by E-Presse.com & 256 Photography LLC. Please read this document carefully as it governs the use of this website. Access to and use of www.IBWFA.org (the “Site”) and it’s services (Services) is provided to you (“You” / “Your”) by E-Presse.com & 256 Photography LLC, subject to the following Terms of Service (collectively referred to as the “Terms”). By accessing the Site, You acknowledge that You have read, understand and have accepted the Terms, which shall take effect immediately on Your first use of the Site, whether or not You register as a user or enter the Competition. If You do not agree to be legally bound by all the following Terms please do not access and/or use the Site.
Note: Human-readable summaries are provided for each section but they are not part of the contract. They are intended to help you understand the Terms of Service
- Your Acceptance:
The Services are provided by e-Press.com, a French company and 256 Photography LLC, a U.S.A. based Limited Liability Company. BY USING OR VISITING The International Black and White Photography Awards Site; www.IBWFA.org, OR ANY PRODUCTS OR SERVICES PROVIDED BY E-PRESS.COM or 256 Photography LLC YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS OF SERVICE. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services or visit the Site.E-Press.com and 256 Photography LLC are collectively referred to as “IBWPA”.
Human-readable summary of Sec 1:
Please read the Terms and only use our Sites and Services if You agree to them. - Changes to the Terms:
From time to time, IBWPA may change, remove, or add to the Terms, IBWPA reserves the right to do so at our sole discretion. In which case, IBWPA will post updated Terms and indicate the date of the revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Site(s) and Services and notify current REGISTERED USERS via email. All new and/or revised Terms take effect immediately and apply to Your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that You have read, understood, and agreed to those Terms.
Human-readable summary of Sec 2:
These terms may change. When the changes are important, we will put a notice on the website and we will send an email to current registered users. If You continue to use the Services after the changes are made, You agree to the changes. - Content available through the Services:
- “Content” includes all information, tutorials, lessons, text, photos, images, videos, trademarks, logos, data, links, software, Intellectual Property, or other material accessible through our website or services that is owned or licensed by IBWPA.
- Provided as-is: You acknowledge that IBWPA does not make any representations or warranties about the material, data, and information, such as data files, tutorials, lessons, assignments, text, computer software, code, music, audio files or other sounds, photographs, or other images (collectively, the “Content”) which You may have access to as part of, or through Your use of the Services. Under no circumstances is IBWPA liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, You may be exposed to Content that is offensive, indecent, or objectionable.
- Third Party Links: The Service may provide links to third-party websites that are not owned or controlled by IBWPA . IBWPA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using IBWPA Services, You expressly release IBWPA from any and all liability arising from Your use of any third-party website.
- IBWPA agrees to grant You a nonexclusive, nontransferable, limited and revocable license to access and use our Services and Content for personal, noncommercial use only. The Content may be used solely for personal, noncommercial informational purposes. No part OF our Services or Content may be reproduced or transmitted in any form, by any means for any other purpose.
- You understand and acknowledge that there will be third-party content, including content created by You, other IBWPA users, and our sponsors on our website on in our online communities which do not fall under the definition of “Content” just mentioned. We refer to the content created by You, IBWPA users, or by other third parties as “Third Party Content”, sometimes referred to as “User Content”
- All Content on the Site remains the property of the IBWPA, or, in respect of certain images, the author of the image.
- This Site is intended for use by residents of all countries, Consequently, You may be exposed to Content that is offensive, indecent, or objectionable that may not have been objectionable in the country of origin. The IBWPA makes no representations that the Content in this Site is appropriate or available for use in all countries.
Human-readable summary of Sec 3:
We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for Your situation. Content is provided as is and IBWPA is not liable for any thing that results from You using the content. You can access the content but You have no rights to use it for anything other than personal use. In other words, You can’t post or aggregate our content on another site.
- Content Supplied by You:
- Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by You on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third-party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
- Licensing Your Content: You retain all of Your ownership rights in your Content. However, by submitting Content to IBWPA , You hereby grant IBWPA a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and IBWPA’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service, and to use, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by You to the Service terminate within a commercially reasonable time after You remove or delete Your content from the Service. The above licenses granted by You in user comments You submit are perpetual and irrevocable.
- Removal: IBWPA may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by You or IBWPA ) does not impact any rights You granted in Your Content under the Terms of Service.
- You further agree that Content You submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have permission from the rightful owner of the material or You are otherwise legally entitled to post the material and to grant IBWPA all of the license rights granted herein.
Human-readable summary of Sec 4:
We do not take any ownership of Your content when you post it on our sites. If You post content You own, You agree it can be used under the terms of this agreement or any future version of this agreement. If You do not own the content, then You should not post it. You are responsible for any content You upload to our sites.
- Participating in our Community: Registered Users:
- By registering for an account through any of the Services, You represent and warrant that You are the age of majority in Your jurisdiction (typically age 18). Services offered to registered users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website(s).
- Registration: You agree to
- only provide accurate and current information about yourself (though use of an alias or nickname in lieu of Your legal name is acceptable)
- maintain the security of Your passwords and identification
- promptly update the email address listed in connection with Your account to keep it accurate and up-to-date so that we can contact You, and
- be fully responsible for all uses of Your account. You must not set up an account on behalf of another
individual or entity unless You are authorized to do so.
- If You believe there has been any breach of security such as the disclosure, theft or unauthorised use of Your account credentials or any payment information, You must notify IBWPA immediately.
- Termination: IBWPA reserves the right to modify or discontinue Your account at any time for any reason or no reason at all.
Human-readable summary of Sec 5:
Please do not register for an account on our sites unless You are at least 18 years old or have the consent of a parent or legal guardian. IBWPA has the right to end your account at any time. You are responsible for use of Your account. And of course, please do not set up an account for someone else unless You have permission to do so.
- Communication:
From time to time, the IBWPA (and its associated sponsors) may ask that You provide to the Site by electronic mail Your feedback on IBWPA products and/or services. Any communication or material You transmit or post will-
- be treated as non-confidential and non-proprietary by the IBWPA ,
- become the property of the IBWPA and will \\\\ own all rights, title and interest therein, and
- used without restriction by the IBWPA or its affiliates at its sole discretion without any obligation, compensation or other liability to You. Such use may be for any purpose whatsoever.
Human-readable summary of Sec 6:
Any email You send or any communications You have with IBWPA are non-confidential and may be used by IBWPA without obligation or cost. -
- Prohibited Conduct:
You agree not to engage in any of the following activates-
- You may not use any IBWPA Service for any illegal purpose or in violation of any local, state, national, or international laws,
- You may not violate or encourage others to violate any right of or obligation to a third-party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
- You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
- You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by
(a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
(b) interfering with or disrupting
any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server. - You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
- You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
- You are prohibited from posting on or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
- You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
- You may not use or attempt to use another’s account or personal information; and,
- You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking, password mining or any other means.
Human-readable summary of Sec 7:
Play nice. Be yourself. Don’t break the law or be disruptive. -
- DISCLAIMER OF WARRANTIES:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IBWPA OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IBWPA DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY IBWPA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IBWPA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
Human-readable summary of Sec 8:
IBWPA does not make any guarantees about the Site(s), Services, or Content available on its Site(s). - LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IBWPA BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF IBWPA y HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IBWPA IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES. Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW
Human-readable summary of Sec 9:
IBWPA is not responsible for the Content on the Site(s), Your use of our Services, or for the conduct of others on our Site(s). - Indemnification:
To the extent authorized by law, You agree to indemnify and hold harmless IBWPA, its employees, officers, directors, affiliates, sponsors and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting directly or indirectly from or arising out of (a) Your violation of the Terms, (b) Your use of any of the Services, and/or (c) the Content You make available on any of the Services.
Human-readable summary of Sec 10:
If something happens because You violate these terms, because of Your use of the services, or because of the content You post on the sites, You agree to repay IBWPA for the damage it causes. - Privacy Policy:
IBWPA is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy so You are aware of how we collect and use Your personal information. The IBWPA will process Your personal data in accordance with, data protection legislation. Please look at our privacy policy for more information.
Human-readable summary of Sec 11:
Please read our Privacy Policy. It is part of these terms, too. - Copyright Complaints:
IBWPA respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights. To report allegedly infringing Content hosted on a website or online community owned or controlled by IBWPA , send a Notice of Infringing Materials as set out in IBWPA ’s Digital Millennium Copyright Act (“DMCA”) Notice & Take Down Procedure.
Human-readable summary of Sec 12:
Please let us know if you find infringing content that You own on our Site(s). - Termination:
- By IBWPA : IBWPA may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, Your individual access to, and use of, the Services may be terminated by IBWPA , at any time and for any reason.
- By You: If You wish to terminate this agreement, You may immediately stop accessing or using the Services at any time.
- Automatic upon breach: Your right to access and use the Services (including use of Your IBWPA account) terminates automatically upon Your breach of any of the Terms.
- Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive after termination.
- In the event that IBWPA recieves less than 500 paid entries, we reserve the right to cancel the contest and return all money paid as entry fees. Under no circumstances will entrants be entitled to more the the amount paid in.
Human-readable summary of Sec 13:
If You violate these terms, You may no longer use our Sites. - Availability of Site::While IBWPA endeavors to ensure that the Site is available 7 / 24, the IBWPA is not liable if for any reason if the Site is unavailable at any time or for any period. The IBWPA does not guarantee that the Site functions will be uninterrupted or error-free, Additionally, IBWPA makes no warranty that the Services are free from infection by viruses or anything else that has contaminating or destructive properties.Human-readable summary of Sec 14:
We try to keep the site up and running 24 hours a day, 7 days a week but we can’t guarantee that the Site will always be up. We also can’t guarantee that the Site will be free of malicious software, Bad things happen, Bad people hack sites. We try to prevent this but stuff happens. Protect yourself and practice safe computing. - Intellectual Property and Trademarks:
- The logos, names and images that identify the IBWPA, e-presse.com, 256 Photography LLC, Sponosrs or other third parties and their products and services are subject to copyright and / or trademarks. IBWPA trademarks displayed on the Site are registered and common trademarks of IBWPA, Sponsors or other third parties. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any trademark or copyright of IBWPA, it’s sponsors or other third parties. In the event that You misuse any trademark or copyright in violation of these Terms, IBWPA and / or it’s sponsors will aggressively enforce their intellectual property rights to the fullest extent of the law.
- IBWPA may publish any material You submit, post, upload, email or otherwise transmit to IBWPA or to the Site at its sole discretion and IBWPA shall be entitled to make additions or deletions to any such material prior to publication.
- Do not make suggestions to IBWPA through this Site or otherwise. If You send us a suggestion even though we’ve asked You not to, any suggestions You make will immediately become the property of IBWPA, and IBWPA shall hereinafter own all rights, title and interest to the suggestion without compensation to you. IBWPA shall be free to use any suggestions for any purpose whatsoever, including, but not limited to, developing and marketing products.
Human-readable summary of Sec 15:
Logos, names and images associated with the Iinternational Black and White Photography Awards are our intellectual property, don’t use them unless authorized to do so. Don’t send us any suggestions. If you do, we own the suggestion and can use it to develop new ideas or products without compensating you in any way. - Images:
- You agree to fully indemnify IBWPA in respect of all royalties, fees and any other monies owing to any person by reason of Your breaching any of the Terms.
- IBWPA reserves the right, at its sole discretion, to disqualify and remove any image uploaded (“Entry”) that does not comply with the following requirements, even after the Entry is submitted to the contest.
- You warrant and represent, in respect of each image (“Entry”) submitted by You that:
- You are the sole owner and author of each Entry.
- That Your Entry does not encourage conduct that would give rise to civil liability or otherwise violate any law.
- That Your Entry does not infringe on the copyrights, trademarks or intellectual property rights of any third party or violate any person’s right to privacy.
- That You have the right to submit Your Entry to the Site.
- That Your entry does not any threathening, misleading, false, abusive, vulgar, harrassing, libelious, obscene, inflammatory, pornographic, profane, defamatory content.
- That Your Entry does not promote goods or service other than those provided by IBWPA and its sponsors.
- That Your Entry does not contain and screen credits including but not limited to, copyright marks, trademark symbols, watermarks or other identifying marks.
- You confirm that each person depicted in the Entry, other than entries in street photography and editorial photography, has granted permission to be portrayed as shown. Any props or other materials used must be owned by you or they must be rented or used with the permission of the owner. All relevant permissions must have been obtained in writing. Written proof of relevant permissions may be required if you are selected as an award winner.
- IBWPA may include a “People’s Choice Award” award that is determined by an online rating process where members of the public may vote for a favorite Entry. If there is sufficient evidence (as determined by IBWPA’s sole discretion) to suggest manipulation of the rating process, then IBWPA has the right to remove or disqualify the relevant Entry or Entries
- IBWPA acknowledges You as the author of the Entry and that You retain full ownership of the copyright for each Entry.
- You acknowledge that You understand that any image submitted to the Site may be used by IBWPA for marketing and promotional purposes of this Site and the International Black and White Photography Awards. You hereby grant IBWPA a Worldwide, non-exclusive, irrevocable licence for each Entry in all media for any use connected to the promotion of the Site the International Black and White Photography Awards.
- You acknowledge that it is Your responsibility to protect any Entry against image misuse by any third party. IBWPA and its sponsors assume no responsibility and are not liable for any image misuse that results Entry in the contest.
- Any Entry used by IBWPA to promote the Site will carry a credit line. Failure by IBWPA to provide a credit line shall not be deemed to be a breach on our part, provided that IBWPA endeavours to correct such failure within a reasonable period from the date of certified notice of such failure.Human-readable summary of Sec 16:
Entries are entirely yours and they don’t violate intellectual property rights, rights of an individual, or contain offensive material. You have the right to submit the image. Cheating will result in disqualification. If someone snags an image from the Site, it is Your responsibility to track them down; IBWPA assumes no responsibility.
- Competitions and Prizes
From time to time IBWPA may conduct or introduce new competitions. For additional rules relating to each competition, please refer to the Rules and Prize information for that competition. - Miscellaneous Terms:
- The parent company of IBWPA is located in France. The jurisdiction of all disputes will be governed by French law.
- Choice of law: The Terms are governed by the laws of the France.
- Dispute resolution: The parties agree that any disputes between IBWPA and You concerning these Terms, and/or any of the Services may only be brought in a competent jurisdiction in France, and You hereby consent to the personal jurisdiction and venue of such court.
- No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
- Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between You and IBWPA as a result of the Terms or from Your use of any of the Services.
- Integration: These Terms and any applicable Additional Terms constitute the entire agreement between you and IBWPA relating to this subject matter and supersede any and all prior communications and/or agreements between you and IBWPA relating to access and use of the Services.
- This Site may link to other sites not maintained by or related toIBWPA. These links are provided as a service to You. IBWPA may not have reviewed all of the sites linked to http://www.IBWFA.org and is not responsible for the content of any third party sites or links to other sites. Viewing all other sites is at Your own risk.
- You may not create a link to the Site from any website or document without IBWPA’s prior written consent.
- You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under these Terms.
Human-readable summary of Sec 16:
If there is a lawsuit arising from these terms, it must be filed in France and governed by French law. We are glad you use our sites, but this agreement does not mean we are partners. We are not responsible for links to this site and are not responsible for content on sponsor websites or links to third party content.
- Entirety of the Agreement:
These Terms and the Competition Rules of any IBWPA competition that You enter set out the entirety of the understanding and agreement between You and IBWPA with respect to the Site. You acknowledge that this agreement supercedes any other agreements between You and IBWPA with respect to the Site.
10 October 2018