Photograph Submission Terms of Use

These SiteVibes.com Photograph Submission Terms of Use (the “Terms” or the “Agreement”) govern the use of photographs (“Images”) submitted by You to Pink House Technologies, Inc. dba SiteVibes.com (“SiteVibes.com”, “we” or “us” or “our”). Please note that we may modify these Terms, so you should make sure to check this page from time to time.

BY SUBMITTING IMAGES YOU CONFIRM THAT YOU HAVE READ AND AGREED TO THE TERMS SET FORTH BELOW.

1. Use of Images and Grant of License

By submitting your Images, you hereby agree and consent to SiteVibes.com and our customers using the Images for advertising, marketing, promotion and other commercial and business purposes in accordance with these terms and conditions.

By submitting your Images, you permit SibeVibes.com, our customers and their licensees and assigns, the irrevocable, perpetual, worldwide, sub-licensable, royalty-free right and license to display, exhibit, transmit, reproduce,  modify, alter, and otherwise use the Image, in whole or in part, uploaded on SiteVibes.com, on all media platforms, whether now known or hereinafter devised, for any kind of use whatsoever, including for purposes of advertising, individually or in connection with other images or material of any kind.

You also understand and agree that nothing in this Agreement obligates SiteVIbes.com, our customers and their licensees and assigns to display or use your Images or to credit you or attach your name to the Images used. SiteVibes.com, our customers and their licensees and assigns also reserve the right to reject and remove any uploaded photo from display on its website or media platform, for any reason, at any time, without prior notice.

2. Representations and Warranties

By submitting your Image, you warrant and represent that you own or otherwise control all of the rights to your Image, including all the rights necessary for you to provide, post, upload, input or submit the Image, and to transfer all such rights to SiteVibes.com. In addition to the warranty and representation set forth above, by uploading and posting an Image that contains images, photographs, pictures or that are otherwise graphical in whole or in part, you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use, and (b) that each person depicted in such Images, if any, has provided consent to the use of the Images, including, by way of example, the distribution, public display and reproduction of such Images.

You will not submit Images that:

• Is false, misleading, or inaccurate.
• Is appropriate for a public forum (e.g., it is defamatory, hateful, harassing, derogatory, demeaning, threatening, abusive, pornographic, racially or religiously biased or otherwise offensive or objectionable).
• Infringes or otherwise violates the rights of any third party, including without limitation any copyright, trademark, service mark, privacy rights, publicity rights or other intellectual property or proprietary rights.
• Violates any law, statute, ordinance, or regulation.
• Includes any information that references other websites, addresses, email addresses, contact information or phone numbers.

3. Exclusion of Liability

We make no representations or warranties, express or implied, about your submission of Images or User Information. We are not liable to you or any third party in any way for your submission of Images. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including implied warranties or merchantability, fitness for a particular purpose, title accuracy and non-infringement. You specifically agree that we are not responsible or liable to you or anyone else for any unlawful, explicit or otherwise objectionable conduct of any other party on or through the Sitevibes.com services, or for any infringement or violation of rights by any other party, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy. We reserve the right to change or discontinue at any time any aspect of this Image submission feature.

4. Indemnity

You agree to defend, indemnify and hold us harmless from any and all claims, suits, allegations, liabilities, damages, penalties, fines, costs and expenses, including reasonable attorneys’ fees, related to or arising out of (i) any actual or alleged violation of this Agreement or (ii) infringement of any intellectual property rights or other rights of any person or entity by you. 

5. Termination

We may terminate your right to submit Images at any time without notice. However, such termination shall only apply to your right to submit Images and shall not in any other way terminate or limit any other provision of these terms, all of which shall survive such termination of your right to submit Images.

6. Miscellaneous

These Terms constitute the entire agreement and understanding between you and us as to your submission of Images and our use or transfer of Images. Any and all prior or contemporaneous communications and/or proposals are superseded. These Terms are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. You agree to be bound by the provisions set forth in Section 15.9 of our SiteVibes.com Terms of Use, which are incorporated herein by reference. These terms shall be governed by the laws of the State of Illinois without giving effect to its conflicts of law principals, and venue shall be in the state or federal courts located in Chicago, Illinois.