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Agreement Between You and Emergent Artist Award
Thank you for visiting emergentartistaward.com (the ‘Website’), the official site for the Emergent Artist Award competition (the "Competition"). Please read these terms and conditions carefully before you start to use the Website. By accessing and using this Website, you indicate that you accept (unconditionally and irrevocably) these terms and conditions (the ‘Agreement’). If you do not agree to these terms and conditions, please refrain from using our Website and exit immediately.
You promise to us you are old enough to enter legally binding contracts through this Website and you know you will be responsible for material which you upload to this site.
Modification of Terms
We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on the Website, and will not have any retrospective effect on existing contractual arrangements made through this Website. Your continued use of this Website after any change means you have accepted the changed terms and conditions.
General
Your access to and use of software and other materials on, or through, this Website is solely at your own risk. We make no warranty whatsoever about the reliability, stability or virus free nature of such software. We have taken reasonable steps to ensure the information provided by us on this Website is accurate at the time you view it. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed or act upon any of its contents.
We aim to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed and we reserve the right to withdraw or amend the service we provide on the Website without notice. Also, your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable if for any reason our Website is unavailable at any time or period.
Limitation of Liability
In no event will we be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of access to, or use of this web site, or delay or inability to use this web site, or any information contained in this web site.
Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
Indemnity
As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
Limitations on Use
You agree to use this Website for lawful purposes only. You agree that by uploading any material on the Website you grant the Emergent Artist Award a royalty free non-exclusive, worldwide licence until the end of the Competition to post this material on the Website. You agree to not abuse the Website. ‘Abuse’ includes, without limitation, using the Website to:
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Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
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Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
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Download or upload files that are unlawful to distribute through the Website.
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Defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law.
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Reproduce, distribute, modify, re-post on another site any content of the Website.
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Harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
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Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
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Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website.
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Cause an excessively large load on the infrastructure of the Website.
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Violate this Agreement in any other manner.
Access to or reference to the competition or the Website without limiting the geographical scope does not imply that we offer or intend to offer the same in all locations.
Copyright and Trademark Notices
All content of this Website are: Copyright © Emergent Artist Award 2011. All rights reserved. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website.
Security
We will take all reasonable measures to ensure information you transmit to us using the Website will remain confidential and protected from unauthorized access. Despite those measures, we do not warrant unauthorized access to that information can never happen. We will not be liable for any such unauthorized access unless caused solely by our gross negligence, in which event you will be entitled to compensation up to a maximum of the value of the services purchased by you.
Website Contact
If you have a query regarding any problems encountered whilst uploading your material, please email admin@emergentartistaward.com
Information collection and use
Emergent Artist Award will not sell, trade or disclose to any third party any information derived from the registration for, or use of, any on-line service without the consent of the user (except as required by law or in the case of imminent physical harm to the user or others). When Emergent Artist Award uses other agents, contractors or corporations to perform services on its behalf or as part of a joint promotion, emergent Artist Award will ensure that this entity protects the user's personal information in a manner which is consistent with this statement.
If you choose not to provide certain personal information we request, you will still be able to visit our web site but you may be unable to access certain options or services.
Security
Emergent Artist Award will take appropriate steps to protect the personal information you share with us. We have implemented technology and security features to safeguard the privacy of your personal information.
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