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Photo Submission Authorization & Release


1. Description of Services & Acceptance of Terms.

The Humane Society of the United States (“The HSUS”) created the H-Couture Fur-Free Photo Campaign (the “Campaign”) to provide a forum for the display and recognition of photographs (“photos”) featuring supporters of The HSUS and their pets posing with one of the six fur-free signs available for download on The HSUS’s website at http://www.humanesociety.org/about/events/h_couture/photo.html (collectively, the “Fur-Free Signs”).  Once uploaded, the photos submitted to the Campaign (collectively, “Submitted Photos”) are added to The HSUS’s Flickr photostream (the “HSUS Photostream”) and are viewable on The HSUS’s Flickr page and The HSUS website.

The HSUS allows its supporters to participate in the Campaign subject to the terms of this photo submission authorization and release (the “Photo Submission Authorization and Release”), which may be updated from time to time without notice to you, and subject to Flickr’s Community Guidelines and Terms of Service, which are hereby incorporated by reference.  By checking the box included on the Campaign’s photo submission website, you accept and agree (or if you are under eighteen (18) years of age, your parent or legal guardian accepts and agrees) to be bound by the terms and provisions of this Photo Submission Authorization & Release.


2. Eligible Users.

You must be thirteen (13) years of age or older to submit a photo for inclusion in the HSUS Photostream.  If you are under eighteen (18) years of age but are at least thirteen (13) years of age, you may submit a photograph only with the permission of, and under the supervision of, your parent or legal guardian.  If you are a parent or legal guardian agreeing to this Photo Submission Authorization and Release for the benefit of an individual between the ages of thirteen (13) and eighteen (18), you understand that you are fully responsible for any of his or her Submitted Photos and/or any legal liability that he or she may incur.


3. Submission Instructions & Requirements.

To submit a photo for inclusion in the HSUS Photostream, fill in the required fields with your contact information, select the photo you would like to submit, indicate your acceptance of the terms of this Photo Submission Authorization and Release by checking the box provided, and click the “Upload Photo” button.  Photo submissions must be in JPEG (.jpg or .jpeg) or non-animated GIF (.gif) digital format and must be no more than three megabytes (3MB) in size.  If your photo contains the images of other individuals or groups, you must obtain permission from each and every individual or group who contributed to or is featured in the photo (or if the individual is under eighteen (18) years of age, from the individual’s parent or legal guardian) before submitting the photo.

Only Submitted Photos that contain one of Fur-Free Signs will be included in the HSUS Photostream.  Submitted Photos that do not contain one of the Fur-Free Signs will be removed from the HSUS Photostream with no notice to you.  Without limiting the foregoing, The HSUS also reserves the right, in its sole discretion, to remove any Submitted Photo for any reason without any consent from or notice to you.  Reasons for removal may include, but are not limited to, the following:

(a) The Submitted Photo is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

(b) The Submitted Photo infringes a patent, trademark, trade secret, copyright, or other proprietary right of any party.

(c) The Submitted Photo violates any applicable local, state, national, or international law.

(d) The Submitted Photo is off-topic or irrelevant to the Campaign.

(e) The Submitted Photo violates any term or provision of this Photo Submission Authorization and Releases.

4. User Conduct and Reporting Violations.

You understand and agree (or if you are under eighteen (18) years of age, your parent or legal guardian understands and agrees) as follows:

(a)    All Submitted Photos are the sole responsibility of the person who submitted such photo.  This means that you, and not The HSUS, are entirely responsible for your Submitted Photos. 

(b)   You will promptly notify The HSUS by e-mail to hollywood@humanesociety.org if you discover that any of your Submitted Photos violates any of the terms and provisions of this Photo Submission Authorization and Release or is otherwise inappropriate.

If you believe that an individual or group has violated any of the terms and provisions of this Photo Submission Authorization and Release, please report the violation by e-mail to hollywood@humanesociety.org.


5. Rights Granted.

The HSUS does not claim ownership of any Submitted Photo.  However, with respect to a Submitted Photo, you grant (or if you are under eighteen (18) years of age, your parent or legal guardian grants) The HSUS and its affiliates, subsidiaries, licensees, and assigns a perpetual, worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display, and otherwise exploit the Submitted Photo in any and all media formats or channels, whether now known or hereafter created, without any payment and without further consent from or notice to you.  You also consent (or if you are under eighteen (18) years of age, your parent or legal guardian consents) to The HSUS’s use of your name, likeness, and/or biographical information for promotional and other purposes without additional compensation, except where prohibited by law.

Other persons may download, print, or otherwise capture content posted on web sites and use or exploit that content without authorization.  The HSUS does not have any obligation to prevent the capture or subsequent use or exploitation of any Submitted Photo or other content uploaded to its website or the HSUS Photostream.


6. Privacy.

Information obtained about you by The HSUS is subject to The HSUS’s Privacy Policy.  By checking the box included on the Campaign’s photo submission website, you also consent (or if you are under eighteen (18) years of age, your parent or legal guardian consents) to the collection and use of your information as provided in such policy.


7. Representations & Warranties.

You hereby represent and warrant (or if you are under eighteen (18) years of age, your parent or legal guardian represents and warrants) as follows:

(a)    You are either (i) at least eighteen (18) years of age, and you are free to enter into this Photo Submission Authorization and Release; or (ii) you are over thirteen (13) years of age but under eighteen (18) years of age, and your parent or your legal guardian approves and agrees to the terms of this Photo Submission Authorization and Release and has given you permission to submit a photograph.   If you are a parent or legal guardian agreeing to Photo Submission Authorization and Release for the benefit of an individual between the ages of thirteen (13) and eighteen (18), you understand that you are fully responsible for any of his or her Submitted Photos and/or any legal liability that he or she may incur.

(b)   You are the sole legal copyright owner of the photo.

(c)    You have the right to grant any and all rights and licenses granted to The HSUS herein.

(d)   Any subject of the photo (or if the subject is under eighteen (18) years of age, the subject’s parent or legal guardian) has granted you permission to use his or her image in the photo.

(e)   You have complied with Flickr’s Community Guidelines and Terms of Service.

(f)    You have complied with all the submission instructions and requirements contained in Section 3 above.


8. Indemnification & Release.

YOU AGREE (OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO INDEMNIFY AND HOLD THE HSUS AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, SPONSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION OF ANY NATURE DUE TO OR ARISING OUT OF ANY OF YOUR SUBMITTED PHOTOS, YOUR VIOLATION OF THIS PHOTO SUBMISSION AUTHORIZATION AND RELEASE, OR YOUR BREACH OF ANY REPRESENTATION OR WARRANTY CONTAINED IN SECTION 7 ABOVE.  YOU ACKNOWLEDGE AND AGREE (OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOUR PARENT OR LEGAL GUARDIAN ACKNOWLEDGES AND AGREES) THAT (A) THE HSUS IS UNDER NO OBLIGATION TO POST, DISPLAY, PUBLISH, OR OTHERWISE USE ANY SUBMITTED PHOTO; AND (B) THE HSUS WILL NOT PAY YOU ANY ROYALTY OR OTHER COMPENSATION FOR SUBMITTED PHOTOS.


9. General Provisions.

(a)    Entire Agreement. This Photo Submission Authorization and Release is the entire agreement concerning the subject hereof and supersedes any prior versions of this Photo Submission Authorization and Release, documents, correspondence, conversations, or other oral or written understandings between you and The HSUS related to the subject hereof.

(b)   Choice of Law and Forum.  This Photo Submission Authorization and Release shall be governed by and construed under the laws of the District of Columbia without regard to its choice of law rules, and, where applicable, the laws of the United States.  To the extent permissible by law, any disputes under the Photo Submission Authorization and Release shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the District of Columbia.

(c)   Waiver and Severability of Terms.  The failure of The HSUS to exercise or enforce any right or provisions of this Photo Submission Authorization and Release shall not constitute a waiver of such right or provision.  If any provision of this Photo Submission Authorization and Release is found to be unenforceable or invalid by a court of competent jurisdiction, the other provisions of the Photo Submission Authorization and Release shall remain in full force and effect.  The section titles in this Photo Submission Authorization and Release are for convenience only and have no legal or contractual effect.