Terms and Conditions
Our website allows friends and followers to read and enjoy stories, make submissions (“Submissions”) and access information from time to time (all the foregoing is “Content”).
- Acceptance of Terms. Before using the website or Content, you should read these terms and conditions (the “Terms”). By making Submissions or using and accessing the website or Content, you are agreeing to these Terms as legally binding between you and us. 38Northfest reserves the right to change these Terms. If you do not agree to these Terms, please do not use this website or Content, and do not make Submissions.
- What We Can Do with Submissions or Content. We do not claim ownership of your Submissions or original Content you choose to provide. Copyright remains with the image creator, author, Submitter and/or owner at all times. By making Submissions or contributing Content to this website you represent and warrant to 38Northfest that you are the original creator, author, photographer or videographer, and accordingly all rights, including copyright in and to the Content or Submission are owned by you or that you have obtained permission of the copyright holder. You represent that 38Northfest is free to use the Content as provided in these Terms without obtaining permission or a license from any third party.
You agree that we may:
- Use, reproduce, distribute and display the Content and Submission, within the scope of the various functionalities of our website and the activities conducted by 38Northfest, from time to time, including, without limitation making it available for sharing with other users and on other platforms and through other channels;
- Include the Content or Submissions in 38Northfest marketing material sent to other platforms and channels in connection with 38Northfest functionalities and activities
- Advertise and promote 38Northfest using the Content and Submissions
- Use the Content and Submissions for such other purposes as we may from time to time reasonably determine
- Alter the Content or Submission including any cropping, manipulation, combining and creation of derivative images providing such alteration is not defamatory, pornographic or otherwise unlawful
- Add, amend or delete any captions or information relating to the Content or Submissions; attach reasonable, non-offensive comments and critiques of the Content or Submissions; remove or disallow any Content or Submission at our discretion
You further represent and warrant that your Content or Submission does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or government regulation.
You acknowledge that Submissions or Content that are posted on the internet or social media (www) could potentially be copied or shared by third parties, including the possibility of uncontrolled widespread redistribution (i.e. ‘going viral’).
- Competitions and Prizes. When you upload Content or Submissions for entry into one of our contests or festivals, the 38Northfest team may act as relevant judges and experts to determine a shortlist of finalists. The 38Northfest team, or other individuals invited by 38Northfest team to be judges/experts, may select the winner(s) and runners up of the relevant competition. In all cases the published rules of the contest will apply and the decision of judges shall be final and binding. After judging or crowd voting, as the case may be, to select winners has finished, the winners will be notified in person or by email to the winning user’s email account. 38Northfest reserves the right to determine how and when to announce contest winners. Prizes and awards are subject to change at any time without notice in the sole discretion of 38Northfest or when applicable, the prize sponsors.
- If You Breach these Terms. By entering into any competition, contest or festival, each submitter releases and holds harmless 38Northfest, and any participating prize provider or sponsor (as well as any of their respective parent companies, affiliates, directors, officers, employees and agencies) against any and all claims, demands and liabilities arising out of such contest, competition, or festival activity. You agree to indemnify and hold harmless 38Northfest and its team members and sponsors from and against all claims, losses, expenses, damages and costs resulting from or arising out of: (a) your breach of these Terms; (b) any Content or Submission posted or shared by you on the 38Northfest website or entered into any contest or competition; and (c) any violation by you of the rights of a third party.
- Our Liabilities. In no event shall 38Northfest be liable in contract, tort or otherwise with respect to the 38Northfest website, the Content, Submissions or functionalities and activities: (a) for any lost profits, loss of business, loss of data, unauthorized access to Content or Submissions via the internet, or for any misuse of Content or Submissions published on our website or social media account, or any other special, incidental or consequential costs, losses or damage of any kind whatsoever, or (b) for any direct damages in excess of $100 (One Hundred Dollars).
- Ending This Agreement. 38Northfest may terminate or suspend any and all of its activities or functions and the sharing of Content or Submissions immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation, the ownership provisions, indemnities and limitations of liability.