These terms and conditions (“Terms”), as the same may be amended from time to time, represent the agreement between the photographer (“you”) and the owner (“us” or “we”) of the blog Seen which is published at the web domain seenbermuda.com (the “Website”) and governs any electronic correspondence between you and us concerning the submission and, if applicable, publication of photographs and images (“Photographs”) on the Website.
Please read these Terms carefully before submitting Photographs to be considered for publication by us. The act of submitting Photographs to us for publication on the Website indicates that you accept these Terms.
Unless otherwise stated, copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphic images) remain the ownership of us.
If you submit one or more Photographs to us to be considered for publication on the Website, you will be deemed to have made the following representations, upon which we shall have the right to rely:
a) you are at least 18 years old; b) you are the owner of the Photographs; c) you have read, understood and agreed to these Terms; d) you give us permission to publish the Photographs on the Website; e) you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, translate, transmit, distribute and sub-license the Photographs or communicate the Photographs in any medium, now in existence or hereafter developed, for any purposes, including commercial use and to republish them in any format including without limitation in print and electronic formats; f) you give us permission to use your name for the purpose of identifying you as the owner of the Photographs; and g) that our copying, publishing, displaying and/or other exploitation of the Photographs 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.
By submitting Photographs to us for publication on the Website, you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the Photographs. You warrant and represent that you are the copyright owner of the Photographs submitted. You understand that your Photographs, if watermarked and published on the Website, may be used in our marketing and advertisement promotions without compensation to you and you consent to such use.
By submitting your Photographs for publication you represent and warrant that they are your own contemporaneous original work, have not been copied, and do not contain any third-party materials and/or content that you do not have permission to use. You further warrant and represent that your Photographs are not obscene, defamatory or in breach of any applicable legislation or regulations.
To submit Photographs so that we may consider them for publication, please send digital copies by email to firstname.lastname@example.org. Photographs should be of good quality and not watermarked.
Photographs are selected for publication at the sole discretion of Website’s editorial team. The decision of the editorial team is final and no reason for the failure to publish Photographs that have been submitted will be given. We may cut, edit, crop or arrange your Photographs as we think fit to appear in print and on the Website, and we may remove your Photographs from the Website at any time. We are under no obligation to save, retain or archive any Photographs that have been submitted to us for publication on the Website.
Other than personally identifiable information, any Photographs you submit to us for publication on the Website shall be considered non-confidential and non-proprietary and we shall have no obligation with respect to such Photographs.
You hereby agree to indemnify us and any of our affiliates, employees, agents, designees and licensees and to hold us and them harmless from any and all claims and liabilities (including legal fees) that may arise from the submission by you of Photographs for publication on the Website and the subsequent publication thereof, from your breach of any of these Terms, or from any such acts arising therefrom.
Further, you agree to indemnify us and any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders, agents or any of them, from all liabilities and responsibilities for any amount or kind of loss or damage that may result to you or to a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with the submission of Photographs to the Website and the subsequent publication thereof or by us in reproducing the Photographs in any form or medium.
You hereby release, discharge and agree to hold harmless us, our heirs, legal representatives or assigns, and all persons functioning under our permission or authority, or those for whom we are functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in respect of said Photographs or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
We reserve the right to revise these Terms at any time at our sole discretion. Such modified Terms will be posted on the Website from time to time and such posting shall constitute effective notice of same. After notice of a modification, your continued submission of Photographs to us for consideration shall constitute an affirmative agreement to be bound by such new terms and conditions. Any modification of these Terms shall take effect immediately for all submissions made after the time of such modification. If you do not terminate a submission or continue to make submissions following modification to these Terms, your continued use will mean that you have accepted that modification and the revised terms and conditions.
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right on our part.
These Terms shall be governed by and construed in accordance with Bermuda law and the courts of Bermuda shall have exclusive jurisdiction to deal with any disputes arising in connection herewith.