Public Voting / Gallery: Allow the public to vote on photos and videos
Sept 28 2pm EST
We own the Site, the Service and all components of those items and all intellectual property rights associated with them. Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site. You retain rights to your Content and your Submission. By submitting any material including Content to any Public area of the Site (including, but not limited to, blog, user commenting, social media), you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You permit the Site to view and store your Content and make Content available to companies to whom you have submitted Content. You retain Ownership of Content unless you give express, written consent to an Organization to use Content in any form.
All logos and trademarks appearing on the site are the property of their respective owners.
During the Term of this Agreement, you hereby agree that We shall have the right, but not the obligation, to include your Organization name and logo as a customer who uses the Service on the Site and in other materials promoting the Service. We will remove your name and logo if requested.
We respect the intellectual property of others, and require that our users do the same. If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please provide our designated agent with the information specified below, in writing. Please do not use this procedure for any other purpose. Please include the following information:
Our designated agent for notice of claims of copyright infringement can be reached by writing or email us at the address below.
We strive to maintain accurate and current data, but because of the methods in which data is received and derived, we cannot guarantee accuracy and completeness of the content.
Our data is supplied through recorded media and through the internet. In cases where data is received through the Internet, we cannot guarantee that the source servers or our servers will be operational 24 hours a day, 7 days a week to supply current data. Therefore, the data is provided as reference only and the Service must not employed in operational use. Caution and discretion is advised.
Our servers may experience planned or unplanned down time and may not be available 24 hours a day, 7 days a week.
The Services may only be used for lawful purposes. The transmission, distribution, retrieval or storage of any data or other material in violation of any applicable law or regulation is prohibited. This includes, without limitation, data or other material which:
Neither the Site nor the Service may be used in a manner which purposely alters or forges any user’s identity. Users may not engage, without limitation, in the following activities:
Neither the Site nor the Services may be used to violate system or network security; such behavior may result in criminal or civil liability. No user may engage, without limitation, in the following activities:
Neither the Site nor the Services may be used to distribute electronic mail in an improper or illegal manner. Users may not engage, without limitation, in the following activities:
We utilize a third party to provide hosting for the Service. Currently, we utilize Amazon.com, Inc’s Elastic Cloud Computing service (EC2) but reserve the right to change providers.
All access to the Services will be subject to the terms and conditions required by the Hosting Provider (“Hosting Provider Terms”). All Hosting Provider Terms (including those for EC2 which are found at http://aws.amazon.com/agreement, and for Facebook, which can be found at http://www.facebook.com/legal/terms, are incorporated herein by reference.
You agree to indemnify and hold Us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site or Services and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. NEITHER WE, OUR AFFILIATES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE OR THE SERVICE. THE SITE AND THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR OUR SUPPLIERS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL WE, OUR SUPPLIERS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE AND THE SERVICE AND (B) $500.
The content on the Site does not necessarily reflect the opinions or policies of our company or its officers. Profiles and third party applications created and posted by users on the Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by us. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor do we take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Site including, without limitation, any content posted by any user.
We have the right, but not the obligation, to monitor the content and usage of the Site (including discussion spaces, chat rooms and forums), to, among other things, determine compliance with these conditions of use and any operating rules established by us and to satisfy any law, regulation or authorized government request. We also have the right and sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, we have the right to remove any material that we in our sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
We assume no responsibility, and will not be liable for any damages to, or for any spyware or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.
We retain the right at any time to change or modify the terms and conditions applicable to use of the Site, the Services or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the Site or the Service by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site.
Those who access or use the Service from all jurisdictions, domestic and foreign, do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations of that jurisdiction, including, but not limited to those related to creating and participating in contests, drawings, and sweepstakes.
In connection with User Submissions, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Submittable all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Submittable or any third-party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party's rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) submit or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (f) violates Submittable's Acceptable Use Policy; (g) or impersonate another person. Submittable does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Submittable expressly disclaims any and all liability in connection with User Submissions. Submittable does not permit copyright infringing activities and infringement of intellectual property rights on the Website or the Services, and Submittable will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. You acknowledge that Submittable and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove Content and User Submissions without prior notice. Submittable also reserves the right to terminate a User's access to the Website and Services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or the Services more than twice. Submittable also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Submittable may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
The Terms will be construed, and their performance enforced, under the laws of Washington without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Missoula County, Montana for state court causes of action and in the District of Montana for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
Software and other materials from this Site and the Service may also be subject to United States Export Control laws which prohibit the export of certain technical data and software to certain countries. You agree to comply with all applicable export laws.
Any business associates identified on this site are independent of us. The business associates are not our joint venturers or partners.