By uploading your Photograph and submitting the registration form, you agree that your Photograph conforms to and complies with these Terms & Conditions. BDHC may remove your Photograph, in its sole discretion, if BDHC believes that your Photograph fails to conform to or comply with these Terms & Conditions.
Photograph Guidelines: Photographs must comply with the instructions set forth at www.thisclose.endpolio.org and not be inappropriate, indecent, or obscene, as determined in RI’s sole discretion, or contain unlawful or illegal materials. RI reserves the right to remove Photographs that are not high-resolution or do not conform to these Terms & Conditions.
You may not upload a Photograph to the Service that includes the likenesses of others, violates or infringes on the rights of others, including, but not limited to, privacy, publicity, tort, copyright, trademark or patent rights or constitutes copyright or trademark infringement and that you do not have permission to upload. You may be required to show proof that you are the owner of or have permission to upload the Photograph and that you are the person appearing in the Photograph. In the event that the ownership of the Photograph is contested, BDHC shall remove your Photograph.
License, Release and Warranty: By using the Service or uploading a Photograph, you grant BDHC and their subsidiaries, affiliates and designees, a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license and right to use, print, publish, reproduce, distribute, duplicate, adapt (including, without limitation edit, modify, translate and reformat), exhibit, perform, sell, edit, modify, license, create derivative works from, and display Photographs and any description of Photographs, in whole or in part, in connection with the advertising, promotional, editorial and publicity activities or materials of and publications of BDHC in any form, media or technology now known or later developed, without limitation and without attribution or compensation to you and/or your successors or assigns. Your grant of rights to BDHC herein shall include, but not be limited to, the storage, retrieval, transmission, display, output and reproduction of data through any such media and technologies, the right to sublicense use and reproductions of the Photographs BDHC Entities, licensees and third parties. You will sign any necessary documentation that may be required by BDHC to make use of the non-exclusive rights you are granting to BDHC to use the Photographs. Photographs may be published on www.belindasdesigns.net any time.
By using the Service or submitting a Photograph, you represent and warrant with each Photography that: (1) the Photograph is your original work of authorship; (2) you have ownership rights in and to the Photograph or the right to use the Photograph; (3) you have the full right, power and authority to grant the rights and licenses herein; (4) you appear in the Photograph you have uploaded to the Service; (5) BDHC’s reproduction, publication or other use of your Photograph will not infringe upon or otherwise invade any third party’s rights, including, but not limited to, privacy, publicity, copyright and trademark rights.
By using the Service or submitting a Photograph, you and/or your parent/legal guardian grants BDHC, its subsidiaries, affiliates and designees, a worldwide, royalty-free, irrevocable, perpetual, non-exclusive right and license to use, publish, print, edit, modify, adapt, reproduce display, distribute and publicly perform your name, likeness, biographical and personal background information, image, photo, and other Photograph information in connection with the advertising, promotional, editorial and publicity activities or materials of BDHC in any and all media now known or hereafter devised, without limitation and without attribution or compensation to you and/or your successors or assigns.
Additional Terms and Conditions: The Service shall remain the property of BDHC and is protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms & Conditions, you may use the Photographs of yourself for the purpose of the promotion of BDHC. Any attempt by any User or other person to deliberately undermine the legitimate operation of the Service may be a violation of criminal and civil law and BDHC reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law if such an attempt is made. BDHC’s failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that term.
By accessing or using the Service, completing the registration form or uploading a Photograph, User shall defend, indemnify and hold harmless BDHC, respective directors, trustees, officers, committees, subsidiaries, affiliates, employees, agents, assigns, and representatives from and against all claims (including claims of copyright and trademark infringement and defamation), damages, liabilities, costs, awards, judgments and expenses asserted against or recovered from Rotary Indemnitees arising out of any act, conduct, negligence, omission or misconduct of User its agents or representatives in complying with these Terms & Conditions, User’s use of the Service or uploading of a Photograph, and any breach or alleged breach by User of the terms, statements, warranties and representations made hereunder. The foregoing includes, without limitation, injury or damage to the person or property of BDHC Indemnitees or any third party.