God Still Loves Us Terms of Use and Photo Uploader Agreement

PLEASE READ THIS THESE TERMS OF USE (“TERMS”) VERY CAREFULLY BEFORE REGISTERING FOR THE GOD STILL LOVES US (“GSLU”) CONTEST AND USING THE UPLOADER (COLLECTIVELY "PROGRAM"). THE TERMS AND CONDITIONS OF THIS AGREEMENT GOVERN YOUR PROVISION OF UPLOADING DIGITAL CONTENT TO GSLU FOR POSSIBLE INCLUSION IN THE GSLU WEBSITE (“WEBSITE”) AND CONTEST. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO PARTICIPATE IN THE PROGRAM OR TO DOWNLOAD OR USE THE UPLOADER. THIS AGREEMENT BETWEEN YOU (AS DEFINED BELOW) AND GSLU INC. AND ITS AFFILIATES ("GSLU" OR "WE" OR "US") IS SUBJECT TO CHANGE BY GSLU AT ANY TIME IN ITS DISCRETION. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW YOU ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU ARE ACCEPTING ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND SUCH PERSON OR SUCH ENTITY TO THESE TERMS AND CONDITIONS IF YOU DISAGREE OR YOU DON'T HAVE THE LEGAL AUTHORITY TO BIND, PLEASE PRESS THE "I DO NOT ACCEPT" BUTTON BELOW.

1. Introduction. By accepting these Terms, You are requesting to participate in the GSLU Photo Contest and abide by the Contest Rules which is incorporated herein by this reference. "You" means the person or entity identified in the log in page or your designated legal representative. We may revise the terms of these Terms by providing the new terms and conditions for you to accept or reject when you next log in to the Program and by sending notice to you at your email of record. The email notice will contain a link to the new terms and conditions, which you may accept or reject within ten (10) days from the date the notice was sent to you. If you do not accept or reject the new terms within the ten (10) day period, you will be deemed to have accepted and be bound by the new terms. If you reject the new terms, these Terms will be terminated and you will no longer be able to participate in the Program. Participation in the Program is subject to GSLU’s prior approval and your continued compliance with the terms of these Terms. You are solely responsible for keeping your email address and other contact information updated.

2. Your Photos. After acceptance of these Terms, you may upload, display and share with other Website end users your original pictures incorporating the GSLU logo (“Photos”) directly to us in accordance with the with the terms herein.

3. Use and Ownership of the Photos. By accepting these Terms and uploading your Photos to the Website, you agree that the Photos will become the sole and exclusive property of GSLU and GSLU owns all right, title and interest in and to the Photos and portions thereof, including without limitation, all intellectual property rights free of any and all rights and claims from you and without any additional compensation therefor. GSLU may host, cache, route, transmit, store, copy, distribute, perform, display, reformat, excerpt the Photos, and (i) host the Photos on GSLU servers, (ii) index the Photos; (iii) display the Photos, in whole or in part in any and all media now known or hereinafter devised, and (iv) distribute the Photos through GSLU partners and affiliates, in connection with GSLU products and services now existing or hereafter developed all without notification, compensation of any kind to you whatsoever and GSLU may refrain from doing any of the above.

4. Uploader. You may use the Uploader for the sole purpose of providing your Photos to GSLU. You must immediately notify us of any known unauthorized use of the Uploader. You may not use the Uploader for any other reason, including but not limited to (i) selling or otherwise redistributing any aspect of the Uploader, (ii) modifying, adapting, translating, or reverse engineering any portion of the Uploader; (iii) attempting to break security, access, tamper with or use any unauthorized areas of the Uploader or Website; (iv) removing any copyright, trademark or other proprietary rights notices contained in or on the Uploader or the Website; (v) attempting to collect or maintain any information about other users of the Uploader, Website or other third parties for unauthorized purposes; (vi) transmitting any viruses, worms, defects, Trojan horses or other malicious code or items of a destructive nature; or (vii) using the Uploader for any unlawful, harassing, abusive, criminal or fraudulent purpose.

5. Disclaimer and Limitation of Liability. THE PROGRAM AND THE UPLOADER ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GSLU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SECURITY, RELIABILITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL GSLU, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PROGRAM AND THE UPLOADER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOU UNDERSTAND AND AGREE THAT YOU USE THE PROGRAM AND THE UPLOADER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR PHOTOS, AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE UPLOADER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

6. Restrictions. By accepting these Terms and uploading your Photos, you represent and warrant to GSLU the following: (i) You are at least 18 years of age or if you are under 18 you have your parent or legal guardian’s consent to use the Website and upload the Photos and you parent or legal guardian has accepted these Terms of Use; (ii) all of the information provided by you to GSLU to enroll and participate in the Program is correct and current (including without limitation information you provide in the Home Page of the Website); (ii) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to your Photos and to enter into these Terms and to grant the rights granted herein; and (iv) you have the legal right and authority to grant each and every rights described in these Terms. You further represent and warrant that the Photos and the rights and licenses granted to GSLU under these Terms (including the public display, public performance, distribution and reproduction of your Photos) do not and will not violate any applicable law, statute, ordinance or regulation and do not breach and will not breach any rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or constitute copyright infringement; the Photos may not contain brand names or trademarks other than the GSLU logo; the Photos must not contain images or artwork not created by you; the Photos must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous; the Photos may not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and the Photos must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Photo was created.

7. Your Obligation to Indemnify. You agree to indemnify, defend and hold GSLU, its applicable third parties licensors, licensees and assigns and each of their respective directors, officers, employees, and agents (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss and expense (including reasonable legal fees, damage awards, and settlement amounts) brought against any Indemnified Person(s) arising out of, or related to or which may arise from your Photos, your use of the Program, and/or your breach or threatened breach of any term or provision of these Terms.

8. Termination; Withdrawal of Content. We reserve the right, but disclaim any obligation or responsibility, to remove any Photos from the Website (a) that violate these terms of use and (b) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Website in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such Photos and subsequent correspondence and turn all or a portion thereof over to law enforcement officials.

9. DMCA Compliance. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent at the following address: GSLU, Inc. 3601 Olive Avenue, Suite 800, Burbank, CA 91505, and may be emailed to: webmaster@godstilllovesus.org. By executing these Terms, you understand and agree that GSLU is in compliance with all terms of the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512 et seq. (the “DMCA”). GSLU shall have the right, as per the DMCA, with appropriate notice to remove, take down or otherwise disable your Photos that are to be infringing, irrespective of whether your Pictures are ultimately determined to be infringing. You agree that GSLU shall be in compliance with the DMCA by sending written notice to your last known email and U.S. mailing address detailing the alleged infringement.

10. Privacy Policy. We believe strongly in providing you notice of how we collect and use data, including your personally identifiable information. Therefore, we have adopted a Privacy Policy to which you should refer to fully understand how we collect and use information. You understand that through your participation in the Program you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by GSLU.

11. Miscellaneous. You may not assign or transfer any of your rights hereunder. Any such attempt shall be null and void. The relationship between GSLU and you is not one of a legal partnership relationship, but is one of independent contractors. The words "You" or "Your" shall also mean heirs, executors, administrators, successors, legal representatives and permitted assigns. We shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet or other network disturbances. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and remain enforceable between the parties. The failure of either party to act in the event of a breach of these Terms by the other shall not be deemed a waiver of such breach or a waiver of future breaches. This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. These Terms of Use shall be governed by the laws of the State of California, USA without regard to its principles of conflicts of law. Any litigation hereunder shall be brought in any state or federal court of competent jurisdiction in Los Angeles county; the parties agree that venue shall be proper in, and consent to the personal jurisdiction of such courts.