This competition site (“Site”) is designed to create an on-line, Internet based forum for purposes of promoting, displaying, participating, transmitting, publicizing, and conducting the AIALB/SB Design Awards (“Event”). You agree to use this Site lawfully. You represent, warrant and agree that no text, material, data, information, images, graphics, drawings, photographs, and renderings (“Content”) that you submit, upload, provide, share, publish, or display (“post”) violate or infringe upon any personal or proprietary rights of a third party. Said rights include, but are not limited to those granted by copyright, trademark, patent, or privacy laws or any other legal protection granted under either state or federal law and found in statutory or common law.
You may not copy, reproduce, modify, download, transfer, create derivative works, publish, display, or save any Content from the Site that you do not own or have permission to do so.
In the event you become aware of any potential third party claim relating to Content posted by You, You shall notify ONUMA within 24 hours of becoming aware of such claim. ONUMA shall have the right to remove any Content posted by You for any duration of time.
By posting your Content anywhere on the Site, you grant, and have the authority to grant, Onuma, Inc. (“ONUMA”) an irrevocable, perpetual, non-exclusive, transferable, worldwide license to use, copy, publicly display, make derivative works, and reformat your Content on this Site. By granting this license you acknowledge that the Site may be accessed on the Internet for an unlimited time period, with all Content posted by You also remaining on the Site. Content posted by you may also be used for purposes of promoting, planning and conducting future Events. All present and future licensees and/or assigns to your Content shall also be bound to the preceding terms.
ONUMA Inc., (“ONUMA”) assumes no responsibility for Content posted by you. Back up copies of Content are the sole responsibility of You, at your own expense and cost.
ONUMA does not verify or make any claims as to the ownership or authorship of any Content provided by a user of this Site. ONUMA does, however, respect the proprietary rights of others. In the event You feel a third party user of the Site has infringed upon any of your rights by posting Content or any other material on the Site, please notify ONUMA immediately and ONUMA will, at its discretion, remove the Content at issue.
ONUMA shall have the right to arrange and configure Content posted by You in a manner that is consistent with providing a fair and equal opportunity for each of the entrants of the Event to display their Content. Under no circumstance shall You take any action against ONUMA for claims of impropriety relating to the conducting, judging, organizing, management, and running of the Event for which the Site has been created.
You agree to indemnify and hold harmless ONUMA, and each of its officers, directors, agents, employees, contractors, and partners against any claims, actions, or demands made by third parties, and any ensuing fees or costs, including reasonable attorney’s fees, relating to your use of this Site, Content posted by You on this Site, or any behavior by You relating to this Site.
ONUMA is not liable for the activities and conduct of any user of this Site. Any copying, downloading, displaying, reproduction, and publishing of Content performed by a third party and/or user of this Site is neither monitored or regulated by ONUMA.
The Site may be temporarily unavailable for maintenance or any other reason. ONUMA will use its best efforts to restore service of the Site but under no circumstance will ONUMA bear responsibility for any error, omission, interruption, deletion, or defect stemming from such interruptions in service of the Site. ONUMA further bears no responsibility for any loss or damage, including loss or damage to Your Content that may be directly or indirectly related to any service disruption.
This Site and any services provided by ONUMA related to this Site is performed and provided “as-is” and ONUMA disclaims all representations and warranties, whether express or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The company does not represent or warrant that software, content on this Site, or any service provided by ONUMA are accurate, complete, reliable, current or error-free or that the Site is free of viruses or other harmful elements. You understand that any downloading of Content from this Site is done at your own risk and that You bear the sole responsibility and cost of employing common practices such as employing standard software used for the detection and removal of viruses.
ONUMA and each of its directors, officers, employees, or partners assume no liability to You or anyone else for any indirect, consequential, exemplary, incidental, special or punitive damages including any lost profits arising from your use of the Site. Notwithstanding the preceding disclaimers and limitations on liability, ONUMA will never be liable to You for any amount exceeding $100.
By using the Site, you are submitting yourself to the laws and jurisdiction of California. Should You initiate any claim or action against ONUMA, you shall do so only in either the state or federal courts of Pasadena, California. Any defenses you may have relating to lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Pasadena, California shall be waived by You.
If any term or provision of this Agreement is found to be unenforceable under law said term or provision is severable from this Agreement; the remaining terms and provisions shall remain in full force and effect.
This Agreement represents the entire agreement between You and ONUMA. Any and all prior agreements relating to your use of this Site shall be deemed null and void.
Should ONUMA fail to enforce any provision under this Agreement, such inaction shall NOT constitute a waiver of said provision in any instance.
7. AIALB/SB LEGAL DISCLAIMER:
The undersigned entrant into the AIALB/SB’s Design Awards program hereby accepts and acknowledges that it has no right, contractual or otherwise, to be recognized as an AIALB/SB Design Awards winner. AIALB/SB’s Design Awards winners are determined and prizes are awarded in the sole and absolute discretion of the Jury. The undersigned entrant hereby accepts and acknowledges that the Jury’s decisions in selecting the AIALB/SB’s Design Awards Program winners are final and non-appealable. The undersigned entrant will indemnify AIALB/SB and will hold AIALB/SB harmless from, against and in respect of any and all liabilities, damages, losses, deficiencies, costs, judgments, amounts paid in settlement, interest, penalties, assessments and out-of-pocket expenses (including attorneys’ fees and the costs of AIALB/SB staff) incurred in connection with or arising out of the defense of or any proceeding with respect to any claims, whether accrued, contingent or otherwise incurred in connection with or arising out of the entrant’s entry into the AIALB/SB Design Awards program.