Photo Submission Agreement

You must accept the terms of this Agreement if you want to submit images and any associated text (such as a caption) through Zerve’s Service.

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT AND THE PHOTO SUBMISSION GUIDELINES INCORPORATED BY REFERENCE IN THIS AGREEMENT.

1) Eligibility. In order to use Zerve’s Service to submit images and any associated text, (a) you must have a Zerve member account in good standing, and (b) the Materials you are submitting must relate to the Activities for which tickets were purchased through Zerve.

In addition, you may only submit Materials for which you hold all intellectual property rights. In other words, for example, if you submit an image, you must own all rights to such image or you must have the express authorization of the person who does own those rights.

Do not submit Material that contains an image of a child under the age of 13 unless you are the child’s parent or legal guardian. Further, you may not submit any personally identifiable information (such as full name, address or phone number) about any child under the age of 13. Finally, use of this feature of the Zerve Service is limited to parties that lawfully can enter into and form contracts under applicable law. Minors may not submit Materials to the Service.

2) Definitions. As used in this Agreement, “we”, “us” or “Zerve” means Zerve, Inc.; the “Zerve website” refers to the website(s) owned and operated by Zerve; “Seller” means an entity or person that has used Zerve’s services to sell pre-specified services and activities (the “Activities”) to you; “you” means the individual or entity submitting Materials; and “Materials” refers to the images and any associated text (such as captions for the images), illustrations, graphics and any other text you are submitting through the Service; and “Media” means any means of conveying information, whether now known or hereafter devised.

3) License Grant for Materials. As a reminder of the license you are granting in the Terms of Use, by posting Materials on Zerve, you grant to Zerve a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, publish, translate, distribute, promote, publicly display, and create derivative works from the Materials (a) on or in connection with the Service and/or any Activity shown, promoted or sold on or through the Service, or (b) outside of the Service, in any media now known or hereafter developed; and, to use or reference your member name on the Service and outside of the Service to promote the Service and the Seller, without your prior consent and without compensation to you.

4) License for Name, Trademarks and Likenesses. You hereby grant to Zerve and its sublicensees, a nonexclusive, worldwide, royalty-free, transferable and sublicenseable, perpetual right and license to use in all Media all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials.

5) Photo Submission Guidelines. You agree to submit Materials to us in accordance with the Photo Submission Guidelines, and any other directions provided on the Site.

6) Representations, Warranties and Indemnities. You represent and warrant that (a) you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the licenses set forth in Paragraphs 3 and 4 above, (b) you will comply fully with all terms of this Agreement, (c) the Materials submitted to Zerve by you, and the use of the Materials as described in this agreement, do not and will not violate, misappropriate or infringe any right of any third party, including but not limited to trademark rights, copyrights, moral rights, publicity rights and privacy rights of any third party, (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Materials as permitted hereunder, (e) the Materials are not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful, and (f) all statements submitted by you as part of the Materials, or otherwise, are accurate and not deceptive or misleading. You agree to indemnify, defend, and hold Zerve and the Sellers harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising from your breach of any representation or warranty set forth in this Paragraph.

7) Restrictions. As a reminder of your obligations and the restrictions set forth in the Terms of Use:

(a) You agree that you will not submit Materials that are unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable, or that violate the Photo Submission Guidelines in any respect.

(b) Zerve expressly reserves the right to remove, modify or not make available any Materials that Zerve deems to be in violation of this Agreement, applicable laws or community standards, in our sole discretion.

(c) You agree that you will not upload, post, e-mail or otherwise transmit Materials to Zerve that contain software viruses or any other computer code, files, or programs that may damage or destroy, interfere with, interrupt or limit the functionality of any computer software or hardware or telecommunications equipment.

8) No Obligation. The Seller may, in its sole discretion, choose not to use your Materials on its pages on the Zerve website. Additionally, Zerve may also, in its sole discretion and for any reason, refuse to use the Materials or remove them from the Zerve website (including Sellers’ pages on the Zerve website) at any time.

9) Changes to Agreement. We reserve the right to change any of the terms of this Agreement or the Photo Submission Guidelines governing the Service at any time in our sole discretion. All changes will be effective upon posting to the Service. YOUR CONTINUED USE OF THIS SERVICE FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

10) Communications. Zerve and the Sellers may communicate with you in connection with the Service, the Materials or the Zerve Site by using the contact information associated with your member name, and you consent to such communications.

11) Incorporated Documents. This Agreement is in addition to, does not supersede or modify, and is incorporated by reference into, the Terms of Use of the Zerve Site. Any conflict between this Agreement and the Terms of Use shall be resolved in favor of the Terms of Use, except where the intent of this Agreement would require the opposite decision. The Photo Submission Guidelines (including all future amendments, supplements and modifications) are also incorporated by reference into this Agreement.