VisionAge - Call for Entries

FEATURES

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VisionAge CONTEST WEBSITE
TERMS AND CONDITIONS OF USE

Your Agreement with VisionAge, a joint photography contest administered by Photo District News (PDN), a publication of VNU Business Media, Inc. and Olympus VisionAge, a custom media presentation sponsored by Olympus America, Inc.

Welcome to our website. Following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND VisionAge ("WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE.  BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.

If you are under eighteen (18) years of age, you must have parental consent before ordering any photograph or image on this site.

OWNERSHIP OF THIS WEBSITE

This website is owned and operated by VisionAge. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by VisionAge, or its licensors, clients and content providers. All elements of VisionAge websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with VisionAge or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of VisionAge or its licensors unless otherwise expressly agreed. You shall indemnify VisionAge, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights. "VisionAge", the VisionAge logo, " Independent Photography Network," and Independent Photography Network logo are trademarks of VisionAge and may be registered in some countries.

IMAGE LICENSING

VisionAge grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the photographic images on this website and any authorized derivatives or copies thereof (collectively the "Images") solely for evaluation purposes, to test or sample the Images, including using the Images in comps, rough or draft layouts, or for demonstration to your clients but only when in a non-commercial manner.

Rates and rights must be negotiated before use, other than those uses described above. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer and are limited to one-time use. VisionAge requests that a credit reading "©Photographer's Name / " appear adjacent to the Images or on an obvious credits page or screen. Missing and/or incomplete credits are susceptible to additional charges. Notwithstanding the License Grant above, you may not: Sublicense, re-license, rent or lease any of the Images; Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from VisionAge; Use any of the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with VisionAge in any manner; Use an Image in a manner that implies endorsement of a product or service unless you request and receive a copy of a model release for all recognizable individuals and private property depicted in the Image; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

MODEL RELEASES

No model releases or other releases exist on any Images unless a network photographer specifies the existence of such release in writing to you. You shall indemnify VisionAge against all claims arising out of the use of any Images where the existence of such release has not been specified in writing by a network photographer. In any event, the limit of liability of VisionAge shall be the sum paid to it per the invoice for the use of the particular Image involved. You will hold VisionAge harmless from all claims for the use of the Images, including defamatory use. VisionAge gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any Image, and IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR REPRODUCTION, ARE SECURED.

If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative
purposes only.

VisionAge fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website. In order to fulfill licensing transactions or provide service to you as a customer of VisionAge, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to VisionAge, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to VisionAge, our subsidiaries, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country.

If you have provided us your email address, VisionAge periodically sends promotional emails to its subscribers about services offered by VisionAge and its partners. If you do not wish to receive email information from VisionAge or its partners, please let us know by emailing us at: removeme@vnuemedia.com or by writing us at VNU eMedia, Inc., 770 Broadway, 6th Floor, New York, NY 10003. 
 
Cookies

When you visit the VisionAge website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie. Cookies enable our website to recognize the information you have consented to give to our website, and help us determine what portions of this website are most appropriate for your personal needs. We do NOT use cookies to examine your surfing behavior before or after leaving an VisionAge website. If at any time you believe that VisionAge has not followed the above policy, or if you would like your information to be removed from our system, please contact us. We will make reasonable efforts to identify and correct any problem.

DISCLAIMERS

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND VisionAge EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.  VisionAge MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. VisionAge NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR SHALL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE.

Except as specifically stated in these Terms and Conditions of Use, Licensing Agreement, and the Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, neither VisionAge nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. VisionAge uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. There may be links to other websites from the VisionAge website; however, these other websites are not controlled by VisionAge and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against VisionAge regarding the inclusion of links to outside websites or your use of those websites. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the state of NY, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in state or federal courts of located in New York County and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, VisionAge shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of VisionAge, such action is necessary or desirable. No action of VisionAge, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use, Licensing Agreement, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between VisionAge and you relating to your use of this website.  VALIDITY If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.

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