Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern the photography contest provided to you by Inkfarm, as well as use of the Inkfarm.com website which includes information, text, images, graphics, data or other materials ("Content") and products and services provided through www.Inkfarm.com as well as all elements, software, programs and code forming or incorporated in to www.Inkfarm.com (the "Service"). This Service is operated by Inkfarm, Inc. ("Inkfarm"). Inkfarm is also referred to in these Terms as "we", "our", and "us".
By submitting a photo, you agree to be bound by these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Inkfarm website (the "Site").
Section I: General Terms
The winner of the contents will be the sole decision of Inkfarm. Upon announcing the winner, the winning artist will be contacted and their photo published on the Inkfarm website. In addition, they will be mailed a check for $100. There is no cost for entry however only three entries per person are allowed. Runners up will be given special mentions and their work will be displayed on the inkfarm website.
2. Copyright in Your Content
Inkfarm does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through through our website, you grant to Inkfarm a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that if Inkfarm publishes your Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Inkfarm any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
This contest and service is provided by Inkfarm on an "AS IS" and "AS AVAILABLE" basis and Inkfarm reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Inkfarm is and will not be liable to you for any modification, suspension or discontinuance of the hosting.
All brand, product and service names used in this Service which identify Inkfarm or third parties and their products and services are proprietary marks of Inkfarm and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Inkfarm or any third party with respect to any such image, logo or name.
Inkfarm is, unless otherwise stated, the owner of all copyright and data rights in the service and its contents. Individuals who submit their works to Inkfarm are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Inkfarm or the appropriate owner of copyright in such works. Inkfarm does not claim ownership rights in your works or other materials posted by you to Inkfarm (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
7. Reporting Copyright Violations
Inkfarm respects the intellectual property rights of others and expects users of the Service to do the same. At Inkfarm's discretion and in appropriate circumstances, Inkfarm may nullify your submission or remove a winning submission from our website. If you believe the copyright in your work or in the work for which you act as an agent has been infringed, please contact Inkfarm at firstname.lastname@example.org. You must provide our agent with substantially the following information, which Inkfarm may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. External Links
Inkfarm may provide links to third-party websites or resources. You acknowledge and agree that Inkfarm is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Inkfarm of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Inkfarm be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Inkfarm that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Inkfarm does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Inkfarm, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
11. Disclaimer of Warranty and Limitation of Liability
Inkfarm MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Inkfarm DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Inkfarm MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT Inkfarm IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, Inkfarm SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF Inkfarm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Inkfarm'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO Inkfarm PURSUANT TO THIS AGREEMENT.
12. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
These Terms constitute the entire agreement between Inkfarm and you with respect to your use of the Service. Inkfarm's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Inkfarm shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Inkfarm. These Terms shall be governed by and construed in accordance with the laws of the State of Washington. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Washington.
If you have any comments or questions about the Service please contact us by email at contests@Inkfarm.com.
Section II: Additional Terms
15. Monitoring Content
Inkfarm has no ability to control the Content you may submit and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you submit.
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you submit. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be submitted, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree not to submit material:
1. for any unlawful purposes;
2. to submit any material that is obscene, offensive, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
3. to submit or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Inkfarm or to facilitate the unlawful distribution of copyrighted content or illegal content;
4. to harm minors in any way, including, but not limited to, submitting or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
6. to submit any material which is likely to cause harm to Inkfarm or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;