Disclaimer

Viewbook PhotoStory Terms and Conditions
(version3, 1 July 2010)

1. Use of this website (the “Site”)

This Site is operated by Viewbook B.V. (“Viewbook B.V.”), located at Aalbrechtskade 112A, Rotterdam, the Netherlands. Any use by you of the Site is conditional upon your acceptance of these Terms & Conditions. We reserve the right to amend these Terms & Conditions from time to time without notice and in our sole discretion. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. See the box below for a summary of updates. Your continued use of the Site constitutes acceptance of these Terms & Conditions. We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts of the Site without notice or liability.

2. Terms of Entry

There are no fees for entry into the Viewbook PhotoStory competition. The official Entry Form and promotional information relating to the competition are available at the following websites: http://viewbookphotostory.com and viewbook.com . The provisions of the Entry Form constitute part of these Terms & Conditions and are incorporated herein by reference. Entry into the Viewbook PhotoStory competition shall be deemed acceptance of these Terms & Conditions as they relate to the competition. Entries posted in breach of these Terms & Conditions will be invalidated and removed from the competition.

3. Eligibility

Participation in the Viewbook PhotoStory competition is open to all photographers over the age of 18 except (i) employees and principles of Viewbook B.V., its affiliates, and participating sponsors GUP, Blurb & Workbook.com, and (ii) photographers who are or have been represented professionally by Viewbook B.V. or its affiliates. Eligible participants must be natural persons and not corporate entities. Eligibility and participation will be subject to the requirements of the laws of the Netherlands, including as set forth in regulations administered by the Office of Foreign Asset Controls, and entries will be void where prohibited. By using this Site and/or participating in the competition, you represent and warrant that you meet all eligibility requirements and that any submitted registration information is accurate.

4. How to Enter

• Entries must be made online using the instructions provided at http://viewbookphotostory.com. There will be no fee for participation.
• Entries must be uploaded on or before the closing date.
• The closing date for 2010 submissions will be 23:59 hours Eastern Standard Time on the 30th of September, 2010.
• Once your entry has been received you will receive an email confirmation. Only electronic entries will be accepted.
• Entries will be hosted by viewbook.com (the “Host Site”) and will be available for viewing in a free gallery on the Host Site.
• Neither Viewbook B.V. nor its Competition Partners will have any responsibility or liability for entries not properly submitted or not received for any reason.

5. Submission Process & Requirements

To be eligible for the Viewbook PhotoStory, participants must submit images and a project description as described below.

a. Images

• Each entrant may submit 2 or more images to illustrate a single photographic narrative.
• Entry images must be electronic and must be uploaded to the Host Site, which will require creation of a Viewbook account. (The Host Site will provide instructions.)
• Entry images must be submitted at, or be available at, sufficiently high resolution so that they can be printed at a standard acceptable for display in printed media.

b. Project description.

• Each entrant may submit a text that adds to the photo series, describes its context, location, motivation or your relationship to the subject. You are free to choose any angle. Descriptions should be in English if possible.

c. Representations with respect to submitted materials.

With respect to any materials you submit in connection with the Viewbook PhotoStory including any submitted images and your artist statement (“Submitted Materials”), you represent and warrant as follows:

I. That you have taken the photograph(s) you have sent to us or you have permission from or are authorized by the owner of the photograph(s) to send it (them) to us;

II. That you are the author of any text that you have sent to us or you have permission from or are authorized by the owner of such text to send it to us;

III. That all necessary model releases have been obtained from any clearly identifiable person appearing in any image, together with any other relevant consents required, and that the use of any Submitted Materials in this competition or pursuant to the licenses granted herein does not breach any copyright, moral right, or other right of any other person or entity;

IV. That the Submitted Materials are not obscene, do not reveal any proprietary or trade secrets, and do not defame or libel any person; and V. That you, or the person from whom you have permission to submit theSubmitted Materials, own(s) the copyright and other relevant rights to the Submitted Materials, that you will not license or assign such copyright during the course of the competition, that you have full power and authority to grant the licenses and authorizations granted herein, and that submission of the Submitted Materials and use and display of same will not be contrary to any law or any contract or agreement with any third-party.

Viewbook B.V. and its Competition Partners will not be liable for any loss, damage or personal injury whatsoever suffered or sustained by any person or entity that results from or arises out of use or display of Submitted Materials in connection with the Viewbook PhotoStory competition as authorized herein.

The entrant indemnifies and holds harmless Viewbook B.V., its subsidiaries and affiliates, and its Competition Partners against any loss, damages, costs or claims, including reasonable attorneys fees, arising out of a breach of any of the foregoing representations and warranties.

Any breach of the foregoing representations and warranties will also, among other things, (1) make the related Submitted Materials subject to immediate removal from the Host Site; (2) make the entrant subject to immediate disqualification from any further participation in the competition; (3) make the entrant’s account subject to immediate termination; and (4) make any prizes, awards, or honors received subject to termination, forfeiture, and recission. Entrants should retain copies of all Submitted Materials for their records, as neither Viewbook B.V. nor its Competition Partners shall have any obligation to preserve or return Submitted Materials.

6. The Judging Process

Upon closure of the 2010 submissions period (23:59 hours on the 1st of October, 2010), a shortlist of all entries will be reviewed by the judging panel, and a final vote will be held to determine the winners. The judges’ decision will be final and shall be made in their sole and absolute discretion. Participants will not be provided with any opportunity to communicate with the judges regarding submissions. Viewbook B.V. and its Competition Partners will make any adjustments to the judging process in their sole and absolute discretion. Results will be posted to the program website after the judges have made their decision.

7. Competition Prizes

a) The winners of the Viewbook PhotoStory will receive several prices. The complete actual prizes overview is on http://www.viewbookphotostory.com/main-menu-pages/the-contest/the-prizes/

8. Use of Images

By entering the competition, Participants grant Viewbook B.V. and its Competition Partners an irrevocable, non-exclusive, worldwide royalty-free license to reproduce, publicly display, distribute, publicly perform and create derivative works from their Submitted Materials, in all media, solely in connection with the administration, judging and promotion of the Viewbook PhotoStory contest, including, but not limited to, on the Viewbookphotostory.com, Viewbook.com, GUPmagazine.com, Blurb.com and Workbook.com websites. Submitted Materials will NOT be used for commercial advertising purposes and will NOT be altered without the prior consent of the author, except as necessary to display or distribute them in a particular medium or format. Permissible uses of Submitted Materials shall include their reproduction, distribution and display in exhibitions, multimedia presentations, and printed materials related to or promoting the Viewbook PhotoStory and/or its sponsorship by Viewbook B.V. and Viewbook B.V.’s Competition Partners, including without limitation a book promoting the competition to be produced by Blurb.com. Viewbook B.V. and its Competition Partners shall have the right to grant sublicenses to the press and publicity agents in connection with the promotion of the competition. Viewbook B.V. and its

Competition Partners also shall have the right to make the Submitted Materials available to third-parties for viewing on computer screens and other media devices, and for storage in electronic format, for personal, non-commercial uses only.

Viewbook B.V. and its Competition Partners, in furtherance of promoting the competition, may, in the future, (1) display the project on their websites and on the website of the Viewbook PhotoStory; (2) publicly display the project (or excepts from it) in connection with exhibitions or promotional materials related to the Viewbook PhotoStory; and (3) reproduce the project solely in connection with the foregoing. Viewbook B.V. and/or its Competition Partners will credit the artist as the author and copyright holder of his/her photographs.

9. Participant Data

Participants grant Viewbook B.V. and its Competition Partners the right to use submittedpersonal data (such as name, contact information, and email address) in the administration and judging of the Viewbook PhotoStory competition. Among other things, such information may be provided to competition administrators and jurors, and we will use the email address you provide for communications related to the Viewbook PhotoStory, including notification of the finalists and winners. By using the Site or participating in the competition, you are consenting to have your personal data transferred to and processed in the Netherlands.

We care about the privacy of our users. Your personal data will NOT be provided to third parties for unsolicited marketing. We will retain your information in order to provide you with information related to future Viewbook PhotoStory programs. Participants who indicate they would like to receive additional information from Viewbook B.V. and its Competition Partners may also receive additional email updates regarding their activities. Viewbook B.V. and its Competition Partners shall have the right to use and publish all winners’ and finalists names and approved likenesses for publicity purposes.

10. Intellectual Property

The content, design, and overall look and feel of the Viewbook PhotoStory website is the property of Viewbook B.V., and nothing herein or therein shall constitute a waiver of rights therein. Subject to the licenses expressly granted herein, all intellectual property rights in Submitted Materials shall remain the property of the photographer who submitted them. Viewbook B.V. and its Competition Partners will include an appropriate credit line with each licensed use of Submitted Materials, provided, however, that any failure to include such credit line shall not be deemed to be a breach if cured within a reasonable period, but no less than ten (10) days, from the date of receipt of notice of such failure. The trademarks of Viewbook B.V. and its Competition Partners shall remain the sole and exclusive property of each of them, and nothing herein or related to the competition shall grant or imply any right by any person to use such trademarks in any manner whatsoever. Trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Viewbook B.V. or its applicable Competition Partner.

We respect the intellectual property rights of others and we prohibit users or competition participants from uploading, posting or otherwise transmitting on the Site or Host Site any materials that violate another party’s intellectual property rights. If we receive a proper notification of alleged copyright infringement, we reserve the right to promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to us.

11. Liability Disclaimer

Neither Viewbook B.V. nor any Competition Partner shall have any liability to any user of this Site or any competition participant except in the case of recklessness or intentional misconduct.

EXCEPT AS SPECIFIED HEREIN, NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARE MADE OR CREATED BY VIEWBOOK B.V. OR ITS COMPETITION PARTNERS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL VIEWBOOK B.V. OR ANY COMPETITION PARTNER BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME) ARISING FROM ANY CLAIM RELATING TO THIS SITE, THESE TERMS & CONDITIONS, THE VIEWBOOK PHOTOSTORY, OR ANY OF THE ACTIONS PROVIDED FOR HEREUNDER, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VIEWBOOK B.V. IS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF THE SAME.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF VIEWBOOK B.V. AND ITS COMPETITION PARTNERS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VIEWBOOK B.V. AND ITS COMPETITION PARTNERS IN CONNETION WITH THE SITE AND THE COMPETITION, BUT IN NO CASE WILL THE LIABILITY OF VIEWBOOK B.V. AND ITS COMPETITION PARTNERS TO YOU EXCEED $300. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO VIEWBOOK B.V. AND ITS COMPETITION PARTNERS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM VIEWBOOK B.V. AND ITS CONTENT PARTNERS, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN COUNTRY OR STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE SITE IS PROVIDED “AS-IS”. VIEWBOOK B.V. AND ITS COMPETITION PARTNERS CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE, NOR DO THEY REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Nothing herein or related to the competition or the Viewbook PhotoStory shall be deemed to create a partnership, joint venture, fiduciary relationship or other association between Viewbook B.V., its Competition Partners, and any user of this Site or any competition participant. Viewbook B.V. and its Competition Partners are not responsible or liable in any manner for any content submitted by third-parties, including competition participants. We do not control and are not responsible for what participants post, transmit or upload to the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with the competition. The Site and the Host Site may be temporarily unavailable from time to time for maintenance or other reasons. Viewbook B.V. and its Competition Partners assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or participant communications or Submitted Materials. Viewbook B.V. and its Competition Partners are not responsible for any technical malfunction or other problems. Under no circumstances will Viewbook B.V. or its Competition Partners be responsible for any loss or damage, including any loss or damage to any Submitted Materials, resulting from anyone’s use of the Site.

Viewbook B.V. and its Competition Partners reserve the right to change any and all content, software and other items used or contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Viewbook B.V. or any of its Competition Partners.

12. Governing law

These Terms & Conditions and all aspects of the Viewbook PhotoStory competition shall be governed by and interpreted according to the laws of the Netherlands, without regard to its principles of conflicts of laws. By accepting these Terms & Conditions, you agree that any dispute arising hereunder or with respect to the competition will be subject to the exclusive jurisdiction of the state and federal courts located in the Netherlands. By participating in the competition, you expressly acknowledge that you are subject to and submit to the jurisdiction of same.

13. Restriction, Suspension and Termination

a) We may restrict, suspend or terminate your access to the Site and/or your ability to avail yourself of any of the services on the Site, including interactive services, at any time for any reason, including if we believe, in our sole discretion, that you have breached these Terms & Conditions at any time or have engaged in any conduct detrimental to the Viewbook PhotoStory. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.

b) If we wish to bring your participation in the Viewbook PhotoStory competition to an end, we will first attempt to email you at the address included with your submission. Your registration will terminate and your email address and password will become invalid immediately thereafter.

14. Use of Material Appearing on Viewbook PhotoStory Site

a) For the purposes of these Terms & Conditions, “Site Content” means all material published on the Viewbook PhotoStory Site and the Host Site, including, without limitation, text and photography whether copyrighted by Viewbook B.V. or a third party.

b) You may download and print extracts from the Site Content, other than photographs, and make copies of these for your own personal and non-commercial use only. You must not download or print the Site Content, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Site Content.

c) You must not reproduce any part of the Viewbook PhotoStory Site or the Site Content or transmit it to, reproduce or display it on, or store it in any other website, or disseminate any part of the Site Content in any other form, unless we have expressly given permission for you to do so.

d) Viewbook B.V. and its Competition Partners are the owners and/or authorized users of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the Site Content is prohibited.

e) Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Viewbook B.V., is strictly prohibited and will terminate any licenses granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms & Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Any licenses to Site Content granted herein are revocable at any time without notice and with or without cause.

f) By using this Site, you agree that you will be solely liable and responsible for any action that you take that infringes the intellectual property rights of any third-party, including without limitation the rights of any photographer who has submitted materials to this Site or the Host Site, and you agree to indemnify and hold harmless Viewbook B.V. and its Competition Partners from any suit, costs, damages or liabilities of any variety whatsoever, including reasonable attorneys fees, arising from any such infringement or breach of this paragraph.

15. Miscellaneous

Force Majeure. Viewbook B.V., in its sole discretion, and without any liability to any party, may cancel, suspend or terminate the Viewbook PhotoStory competition, including the competition prizes, upon the occurrence of unpredictable, unavoidable, or extraordinary facts or circumstances, including without limitation acts of war, famine, terrorism, drought, natural calamity, acts of God, or extreme economic instability.

No Waiver. No failure of Viewbook B.V. or any Competition Partner to exercise and no delay in exercising any right or remedy will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy.

Severability. If any provision of these Terms & Conditions is held invalid, the remainder of these Terms & Conditions shall continue in full force and effect. If any provision of these Terms & Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.

Construction. Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Entire Agreement. These Terms & Conditions constitute the entire agreement between you and Viewbook B.V. regarding use of the Site and/or participation in the Viewbook PhotoStory competition, superseding any prior agreements between you and Viewbook B.V. relating to your use of the Site or participation in the Viewbook PhotoStory competition.

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