THIS CLICK-THROUGH FOTOPARTNER AGREEMENT (the “FotoPartner Agreement”) is made and entered into by and between FotoDC Inc., also known as FotoWeek DC Inc. (“FotoDC”) and you (“FotoPartner” or “You”).
This FotoPartner Agreement sets forth the specific terms and conditions that shall govern the FotoPartner relationship, including submission of photographs and other material by You and including Your limited use of FotoDC’s logos.
You agree to all of the following terms:
1. Submission of Partner Material. As a FotoPartner, You may submit material to post on Your FotoPartner page, including text and/or graphics relating to up to five (5) events (collectively, the “Partner Material”). The Partner Material will be reviewed and approved by FotoDC. You acknowledge and agree that FotoDC may, in its sole discretion, refuse to accept the Partner Material in whole or in part. If you are not satisfied with any rejection or deletion by FotoDC, you may get a full refund of the annual Partner Fee (as defined below).
2. Grant of Rights. By submitting the Partner Material, you grant to FotoDC a nonexclusive, worldwide, royalty-free right and license to post the Partner Material on the FotoDC website (the “Website”). Such license shall also include the right to reproduce, publicly display, publicly perform, crop, modify, edit, distribute, and transmit (collectively, to “Use”) the Partner Material, in whole or part.
3. Social Media & Printed Material. You acknowledge that the rights granted in this FotoPartner Agreement permit FotoDC to post the Partner Material on social media websites, including without limitation Google+, Facebook, and Flickr, and in printed material relating to the FotoPartner page, the Website and/or FotoDC It is FotoDC’s goal to provide exposure to You.
4. Waiver of Moral Rights. You waive any moral rights, including the rights of attribution and integrity, or any similar rights that you may have in the Partner Material.
5. Your Reservation of Rights. All other rights in and to the Partner Material are reserved to You. Except as expressly set forth in this FotoPartner Agreement, You shall retain all ownership rights, including all copyrights, in and to the Partner Material.
6. No Right to Sell. FotoDC will not sell copies of photographs or other Partner Material that you provide. Nor will FotoDC include copies of any Partner Material in any public exhibition without Your prior consent.
7. Attribution. FotoDC will make a good faith effort to include attribution with every use of a photograph, but any inadvertent omission of attribution will not be considered a breach of this FotoPartner Agreement by FotoDC.
8. Personal Information. You acknowledge that your name and/or your company’s name, your biographical and professional information and/or information about your company, and other information about you and/or your company, including postal address(es), telephone number(s) and email address(es) (collectively, “Personal Information”) will be listed in the FotoPartner online directory, and that certain Personal Information will be listed in the online FotoDC Directory of Events; you further acknowledge that the Personal Information can be accessed by all visitors to the Website, including collectors and curators and including the general public. You grant to FotoDC a nonexclusive license to Use the Personal Information on and in connection with the FotoPartner page, the Website and FotoDC.
9. Disclaimer. You acknowledge and agree that FotoDC has no responsibility or liability for the deletion of or failure to Use and/or store the Partner Material that you submit. FotoDC does not archive the Partner Material.
10. Limited License to Use Logo. FotoDC grants to You a limited, nonexclusive, worldwide, royalty-free, non-assignable, non-sub-licensable, non-transferable, revocable license for certain limited use of the FotoDC logo and the FotoWeekDC logo (the “Logo(s)”). Such license is conditional on Your submission of any proposed use of a Logo to FotoDC and subject to the express prior written permission of FotoDC. FotoDC will make a good faith effort to review Your proposed use of Logo and notify You in writing of its approval or rejection within seven (7) business days. The license is also conditional on Your full compliance with all the terms of this FotoPartner Agreement and may be terminated at any time by FotoDC in the event that You breach any of the terms of this FotoPartner Agreement. You acknowledge that FotoDC may terminate this license immediately upon written notice to You in the event of any consumer confusion, including confusion relating to any false affiliation between You and FotoDC and/or any endorsement of You by FotoDC, as determined by FotoDC in its sole discretion.
11. Eligibility for FotoPartners. You acknowledge that only certain organizations and individuals, including photographers, are eligible to become FotoPartners. Accordingly, You represent and warrant that You are a charitable or other nonprofit organization or an individual or commercial entity with an annual budget of less than $1,000,000. If you are not eligible to be a FotoPartner, You may wish to become a Sponsor.
12. Non-competing Use. You acknowledge that FotoDC’s core programs include exhibitions, portfolio reviews, workshop series, lecture series, projection projects and photography competitions. You agree that You will not use a Logo in competition with FotoDC, including to promote any event that will compete with a FotoDC event, as determined by FotoDC in its sole discretion.
13. Linking Websites. As a FotoPartner, You are required to create a link from Your website to the FotoDC Website, and FotoDC will link from the Website to your website.
14. Partner Fee. You agree to pay the annual fee of $95.00 (the “Partner Fee”).
15. Representations & Warranties. By submitting the Partner Material, You represent and warrant that: (1) You are the owner or licensee of all rights in and to the Partner Material; (2) You have obtained permission from every person depicted in the Partner Material for FotoDC to Use the Partner Material; and (3) the Partner Material does not violate any right of any third party, including without limitation any copyright, trademark, trade secret, patent, right of publicity and/or right of privacy.
BY CLICKING BELOW, you represent and warrant that you have reached the age of majority in the state in which you live, that you have read this FotoPartner Agreement and that you fully understand and agree with its contents.
THANK YOU FOR BECOMING A FOTOPARTNER !