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Van Staal Photo Submission Agreement BY SUBMITTING IMAGES, YOU AGREE TO BE BOUND BY ALL 10 SECTIONS OF THE AGREEMENT BELOW. BEFORE YOU MAKE SUBMISSIONS TO THE PHOTO GALLERY, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT IMAGES. 1. This agreement ("Agreement") becomes effective when you complete all of the information required on the Registration Form and indicate your acceptance of this Agreement by "clicking" on the " SUBMIT" button when it is presented. This Agreement is between Van Staal, a W.C. Bradley Co. (Van Staal) and you. This Agreement sets forth the terms and conditions under which you agree to submit images to this web site. Image(s) must be fishing related, must be submitted via the Internet and must be submitted only once. 2. If you transfer the winning image to this web site, you will be deemed to have made the following representations, upon which Van Staal will have the right to rely: you are at least 18 years old; you have read, understand and agree to these terms and conditions; you hereby grant Van Staal the non-exclusive royalty-free irrevocable rights, exercisable in its sole discretion, to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify and otherwise exploit the image(s) (in whole or in part) and to incorporate the image(s) in other works in any and all markets and media, whether now known or hereafter developed, throughout the universe in perpetuity; you have the sole and exclusive right to grant such rights to Van Staal; you have obtained appropriate, written releases from any and all recognizable persons appearing in the image(s), and from any and all persons who provided art work or any other material appearing in the image(s); Van Staal's copying, publishing, displaying and/or other exploitation of the image(s) will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world; You hereby grant any other user of the site to access, view, store or reproduce the image(s) for that user's personal use; you waive your rights to attribution, integrity, or any other moral right in the image(s) in connection with its (their) use by Van Staal; you agree to allow use of your name and city on the site or in publicity or advertising without compensation; and you understand and agree that Van Staal shall have no obligation to copy, publish, display or otherwise exploit the image(s), nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the image(s). Van Staal may modify these terms and conditions at any time at its sole discretion. Such modified terms and conditions can be found at this Web site. After notice of a modification, your continued submissions of image(s) to this web site constitute an affirmative agreement to be bound by such new terms and conditions. Any modification is effective immediately for all submissions made after the time of such modification. If any modification to this Agreement is unacceptable to you, you may immediately terminate the submission. However, if you do not terminate the submission, or continue to make submissions following modification to this Agreement, your continued use will mean that you have accepted that modification. 3. Van Staal reserves the right to modify or discontinue the service, and any terms or conditions, at any time. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from Van Staal to effect such termination. In the case of any termination, you agree to continue to abide by the provisions of this Agreement, which shall remain in full force and effect after such termination. 4. Van Staal may, in its sole discretion, change, modify, add or remove portions of this license or the service at any time. Van Staal may notify you of any such changes by posting notice of such changes on this Web site (www.vanstaal.com) or sending notice via e-mail, postal mail or other means. Your continued use of the service following notice of such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the service. 5. This service is also governed by Van Staal Privacy Policy. This Agreement and the accompanying Privacy Policy constitute the entire agreement between you and Van Staal with respect to the service and supersede all other communications. To the extent any terms of this Agreement are in conflict with the Privacy Policy, the terms of this Agreement shall control. You agree to comply with Van Staal's current Privacy Policy, as set forth on this Web site, www.quantumfishing.com. 6. Van Staal reviews images but does not otherwise assume responsibility for the content of any images. The choice of which image is selected as the winning photo is at the sole discretion of Van Staal and cannot be disputed. Van Staal reserves the right to alter images as appropriate for the medium. 7. You agree to defend, indemnify and hold harmless Van Staal and its directors, officers, employees and agents from and against any and all claims, actions, fines, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) (a) arising out of your use of the site, (b) arising from or in connection with the contents of your images, or (c) arising out of any violation of any law or regulation by you. 8. This Agreement is personal to you, and may not be assigned without Van Staal's express written consent. 9. This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between you and Van Staal with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. Van Staal shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of Van Staal. This Agreement shall be construed in accordance with the laws of the State of Oklahoma without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved by the State or Superior Courts of Tulsa County in the State of Oklahoma or in the United States District Court for the Northern District of Oklahoma, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it. 10. All notices contemplated by this Agreement will be in writing and mailed by hand delivery, prepaid courier service, by overnight delivery with delivery confirmation, or by telecopier with receipt confirmed by electronic acknowledgement of transmission; provided that, Van Staal may provide notice to you via electronic mail. Notices shall be effective upon receipt of confirmation that delivery is complete. All notices to you shall be addressed to the location you provide to Van Staal during submission. All notices to Van Staal shall be addressed to Van Staal, P.O. Box 270, Tulsa, OK 74101-0270, sent to the attention of Van Staal’s General Counsel (unless another address is subsequently designated by notice to the other party). |