Terms and Conditions
By submitting a photo on this website, you hereby agree to the following terms and conditions (“Agreement”):
1. You retain all of your ownership rights in your photograph (“Photograph”). However, by submitting your Photograph to Carnegie Museum of Art (“CMA”), you hereby give CMA permission to format the Photograph for presentation and grant CMA a nonexclusive right and license to use, modify, prepare derivative works of, reproduce, perform, distribute, transmit or otherwise communicate a display of the Photograph (including derivative works thereof) to the public, 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, and to authorize others to do the same, provided the foregoing is in furtherance of CMA’s non-profit, educational, or promotional purposes. You hereby give CMA permission to reproduce your Photograph in any accompanying publication, including a catalogue self-published by CMA. The above licenses granted by you are perpetual, world-wide, royalty-free, non-terminable and irrevocable.
2. In the event that CMA posts the Photograph on its website, you understand that CMA cannot guarantee that the Photograph, if posted, will not be forwarded, used, modified and/or further distributed by third parties. CMA and those it may authorize shall not be responsible for unauthorized duplications, modifications, distributions or use of the Photograph by third parties on the Internet or otherwise.
3. You hereby represent and warrant that you have full power and authority to enter into this Agreement, that you are at least 18 years of age, and that you are fully able and competent to enter into this Agreement, to grant the rights and permissions granted in this Agreement and to make the representations and warranties set forth in this Agreement.
4. You agree that CMA and its designees, as permitted by CMA, shall have the right to use your name, likeness, and biography in connection with Oh Snap! Your Take on Our Photographs and in advertising, publicity and promotion related thereto.
5. It is your responsibility to ensure that the necessary contracts or releases have been obtained from those individuals or entities whose likenesses, trademarks, written materials, artworks, or similar materials or rights are depicted in the Photograph. Copies of such contracts or releases shall be provided to CMA upon request. You agree that you will not submit your Photograph unless you are the owner of all proprietary rights (such as copyrights, trademark rights, rights of privacy, rights of publicity, trade secret or other rights) in and to the Photograph and all materials included in the Photograph or unless you have written permissions from the rightful owners to use the Photograph and all materials included in the Photograph and to grant the licenses herein granted to CMA to use the Photograph and all materials included in the Photograph.
6. You represent and warrant that the Photograph contains no libelous or unlawful material, and that you own or have the necessary licenses, rights, consents, and permissions to use and to authorize CMA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to the Photograph and any and all material in the Photograph, in the manner contemplated by this Agreement. You agree to defend, indemnify and hold harmless CMA and its officers, directors, sublicensees and affiliates from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising from: (a) your violation of this Agreement, and (b) the violation of any third party rights, including but not limited to any copyrights, trademark rights, rights of privacy or publicity, trade secret or any other proprietary right, by your Photograph. This obligation and the representations and warranties made by you in this Agreement shall survive the expiration or termination of this Agreement.
7. You understand that CMA is under no obligation to produce, exhibit, or display the Photograph. All decisions regarding the selection of photographs for Oh Snap! Your Take on Our Photographs and their subsequent display shall be at CMA’s sole discretion. You also understand that your Photograph and any related submission materials will not be returned to you.
8. This Agreement expresses the complete understanding between you and CMA with respect to the subject matter hereof. This Agreement may not be amended except in a writing signed by you and CMA. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to best effect the intent of the parties. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement or the violation of this Agreement shall be instituted in any state or federal court of competent jurisdiction located in Allegheny County in the Commonwealth of Pennsylvania and you hereby consent and submit to the jurisdiction of such court and waive any objection to venue in such court.
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