Photo Submission Terms and Conditions

 

Here Media Inc. (“Here Media”) invites you to submit a digital photograph (a “Photograph”) for possible inclusion in the online project “Out and About: Miller Time Moments on Out.com” (the “Project”). By submitting a Photograph and participating in the Project, you hereby acknowledge that you have read and agree to theHere Media User Agreement found athttp://www.heremedia.com/legal/user_agreement/  and further agree as follows:

 

  1. Submission of Photographs will be accepted starting on November 20, 2012 and concluding on December 31, 2012.  Photographs must be submitted by going to http://www.out.com/travel-nightlife/out-about/submit-your-photo. Submissions must include your email address, your first and last name, your phone number, your age, occupation (optional), time and location of the Photograph, and a brief description of the Photograph.  Photographs must be 4in x 6in (1,800 x 1,200 pixels) 300dpi JPEG file no larger than 5MB.  Photographs shall not be submitted, and will not be accepted, in TIFF or EPS files.  Submissions are limited to twenty (20) Photographs per person.  Here Media takes no responsibility for Photographs that are lost, delayed, misdirected or incomplete or cannot be delivered for any technical or other reason.  Here Media will not return your Photograph to you.  Here Media shall retain full editorial control over the selection of, and the decision not to select, any particular Photograph for inclusion in the Project or any other publication.

 

  1. By uploading a Photograph, you hereby grant to Here Media, its subsidiaries, successors, licensees, agents, and assigns, and others working for or on behalf of any of them (collectively, the “Permitted Parties”) the unlimited, royalty-free, irrevocable right and license to use the Photograph, which Here Media may edit or alter as it sees fit, and your image, picture, likeness, statements, name, and/or biographical information as well as any other information you provide to Here Media, and any material based thereon or derived there from, edited or altered as Here Media in its sole discretion so chooses, to create and produce unlimited advertising, marketing and promotional materials (collectively, the “Materials”) and to distribute, publish, exhibit, digitize, broadcast, display, reproduce and otherwise use the Photograph and the Materials in any manner, means or media (whether now known or hereafter devised), throughout the world, in perpetuity, for any purpose, including, without limitation, for the purposes of advertising, trade, and merchandising in connection with Here Media and its products and services, including, without limitation, Out magazine and out.com.

 

  1. You understand that nothing contained herein shall obligate the Permitted Parties to make any use of the Photograph or Materials or the rights granted therein, and that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of the Photograph, your name, picture, likeness, and/or biographical information.  You hereby irrevocably waive any and all so-called moral rights you may have in the Photograph. 

 

  1. You hereby represent and warrant that: (a) you are 21 years old or older on the date you submit the Photograph; (b) you are voluntarily submitting the Photograph; (c) you are the only person who appears in the Photograph, or if not you have secured all rights from any other person(s) necessary to allow you to grant to Here Media all of the rights in and to the Photograph granted herein; (d) the Photograph is your own original work and you shot the Photograph (or, if you are not the person who shot the Photograph, the person who shot the Photograph has granted to you all rights necessary to allow you to grant to Here Media all of the rights in and to the Photograph granted herein); (e) the contents of the Photograph are not copied and are wholly original and created by you (or, if you have included any content not created by you in the Photograph, you have secured all rights in the third party content necessary to allow you to grant to Here Media the rights in the Photograph granted herein; (f) neither the Photograph nor the use of the Photograph by Here Media will infringe upon or violate the intellectual property rights or any other rights of any other person or entity or any applicable laws; (g) the Photograph is not obscene, defamatory or in breach of any applicable legislations or regulations, and it does not depict any type of illegal activity including consumption of alcohol by minors or driving or operating machinery while intoxicated; and (h) you have the full and exclusive right and authority to grant the rights granted hereunder and you agree that this agreement does not in any way conflict with any existing commitment on your part.  You hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of your representations,  warranties, or agreements hereunder.

 

  1. The Permitted Parties shall have no obligation (express or implied) to include the Photograph in the Project or otherwise use the Photograph (or your name, picture, likeness, or biographical information) for any reason, and Here Media may at any time abandon the inclusion of the Photograph in the Project or other use of the Photograph (or of your name, picture, likeness, or biographical information) for any reason, with or without legal justification or excuse, and you shall not be entitled to any damages or other relief by reason thereof.

 

  1. GENERAL RELEASE AND LIMITATIONS ON LIABILITY. YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PHOTOGRAPH SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH SUBMITTING THE PHOTO, UP TO A MAXIMUM OF US$1.00, AND IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; AND (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES UP TO A MAXIMUM OF US$1.00, AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. YOU ACKNOWLEDGE AND AGREE THAT HERE MEDIA IS NOT RESPONSIBLE FOR ANY COSTS, INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE PHOTOGRAPH, INCLUDING, WITHOUT LIMITATION, THE MAKING, SUBMITTING, UPLOADING, DOWNLOADING, POSTING OR USE OF THE PHOTOGRAPH. YOU SHALL HAVE NO RIGHT OF APPROVAL, NO CLAIM TO COMPENSATION, AND NO CLAIM (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED UPON INVASION OF PRIVACY, DEFAMATION, OR RIGHT OF PUBLICITY) ARISING OUT OF ANY USE, BLURRING, ALTERATION, DISTORTION, ILLUSIONARY EFFECT, FAULTY REPRODUCTION, FICTIONALIZATION, OR USE IN ANY COMPOSITE FORM OF THE PHOTOGRAPH OR YOUR NAME, PICTURE, LIKENESS, AND/OR BIOGRAPHICAL INFORMATION.

 

  1. This agreement contains the entire understanding between Here Media and you with respect to the subject matter hereof, may not be altered or waived except by a writing signed by both parties, and shall be governed by the laws of the State of California applicable to contracts executed and performed entirely therein. In the event these terms and conditions conflict with the Here Media User Agreement, the latter shall control.

 

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