1. User Conduct:
This competition site is designed to create an on-line, Internet based forum for purposes of promoting, displaying, participating, transmitting, publicizing, and conducting the Cavin Traveling Fellowship Competition. You agree to use this Site lawfully. You represent, warrant and agree that no text, material, data, information, images, graphics, drawings, photographs, and renderings (“Content”) that you submit, upload, provide, share, publish, or display (“post”) violate or infringe upon any personal or proprietary rights of a third party. Said rights include, but are not limited to those granted by copyright, trademark, patent, or privacy laws or any other legal protection granted under either state or federal law and found in statutory or common law.
You may not copy, reproduce, modify, download, transfer, create derivative works, publish, display, or save any Content from the Site that you do not own or have permission to do so.
In the event you become aware of any potential third party claim relating to Content posted by You, You shall notify the CFTF within 24 hours of becoming aware of such claim. The CFTF shall have the right to remove any Content posted by You for any duration of time.
By posting your Content anywhere on the Site, you grant, and have the authority to grant, the Cavin Family Traveling Fellowship an irrevocable, perpetual, non-exclusive, transferable, worldwide license to use, copy, publicly display, make derivative works, and reformat your Content on this Site. By granting this license you acknowledge that the Site may be accessed on the Internet for an unlimited time period, with all Content posted by You also remaining on the Site. Content posted by you may also be used for purposes of promoting, planning and conducting future Events. All present and future licensees and/or assigns to your Content shall also be bound to the preceding terms.
CFTF (Cavin Family Traveling Fellowship) assumes no responsibility for Content posted by you. Back up copies of Content are the sole responsibility of You, at your own expense and cost.
The CFTF does not verify or make any claims as to the ownership or authorship of any Content provided by a user of this Site. The CFTF does, however, respect the proprietary rights of others. In the event You feel a third party user of the Site has infringed upon any of your rights by posting Content or any other material on the Site, please notify CFTF immediately and CFTF will, at its discretion, remove the Content at issue.
The CFTF shall have the right to arrange and configure Content posted by You in a manner that is consistent with providing a fair and equal opportunity for each of the entrants of the Event to display their Content. Under no circumstance shall You take any action against CFTF for claims of impropriety relating to the conducting, judging, organizing, management, and running of the Event for which the Site has been created.
You agree to indemnify and hold harmless the CFTF, and each of its officers, directors, agents, employees, contractors, and partners against any claims, actions, or demands made by third parties, and any ensuing fees or costs, including reasonable attorney’s fees, relating to your use of this Site, Content posted by You on this Site, or any behavior by You relating to this Site.
The CFTF is not liable for the activities and conduct of any user of this Site. Any copying, downloading, displaying, reproduction, and publishing of Content performed by a third party and/or user of this Site is neither monitored or regulated by CFTF.
The Site may be temporarily unavailable for maintenance or any other reason. The CFTF will use its best efforts to restore service of the Site but under no circumstance will the CFTF bear responsibility for any error, omission, interruption, deletion, or defect stemming from such interruptions in service of the Site. The CFTF further bears no responsibility for any loss or damage, including loss or damage to Your Content that may be directly or indirectly related to any service disruption.
This Site and any services provided by the CFTF related to this Site is performed and provided “as-is” and the CFTF disclaims all representations and warranties, whether express or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The company does not represent or warrant that software, content on this Site, or any service provided by the CFTF are accurate, complete, reliable, current or error-free or that the Site is free of viruses or other harmful elements. You understand that any downloading of Content from this Site is done at your own risk and that You bear the sole responsibility and cost of employing common practices such as employing standard software used for the detection and removal of viruses.
The CFTF and each of its directors, officers, employees, or partners assume no liability to You or anyone else for any indirect, consequential, exemplary, incidental, special or punitive damages including any lost profits arising from your use of the Site. Notwithstanding the preceding disclaimers and limitations on liability, the CFTF will never be liable to You for any amount exceeding $100.
By using the Site, you are submitting yourself to the laws and jurisdiction of California. Should You initiate any claim or action against the CFTF, you shall do so only in either the state or federal courts of Pomona, California. Any defenses you may have relating to lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Pomona, California shall be waived by You.
If any term or provision of this Agreement is found to be unenforceable under law said term or provision is severable from this Agreement; the remaining terms and provisions shall remain in full force and effect.
This Agreement represents the entire agreement between You and the CFTF. Any and all prior agreements relating to your use of this Site shall be deemed null and void.
Should the CFTF fail to enforce any provision under this Agreement, such inaction shall NOT constitute a waiver of said provision in any instance.