TERMS AND CONDITIONS OF THE ACCESS AND USE OF THE WEBSITE FOR THE ISPA APPLICATION
The following terms and conditions (Terms and Conditions) shall apply (i) to the use and the access of the website www.ispaward.com (the Website), and (ii) to the registration for and application to the “Italian Sustainability Photo Award” (ISPA or the Award).
Access to and use of the Website is provided by Parallelozero S.r.l. (Parallelozero), a limited liability company registered under Italian law, with registered seat in Milan (Italy), via Donatello 19/A, as the organizer of the ISPA to you (You and, as an adjective or a pronoun referring to You, Yours), subject to the following Terms and Conditions. Please read the Terms and Conditions carefully.
In consideration of Parallelozero allowing You to access the Website, You are deemed to have accepted the Terms and Conditions, which shall take effect immediately on Your first use of the Website, whether or not You register as a user or enter the Award. If You do not agree to be legally bound by all the following Terms and Conditions please do not access and/or use the Website.
In addition to the above, the Award is subject to additional terms (the Official Rules). If you are willing to apply for the Award, please see the Official Rules (www.ispaward.com/en/rules). By applying to the Award, You express full and unreserved acceptance of the following Terms and Conditions.
1. Use of content and linking to the Website
1.1 This Website is intended for use by residents of all countries.
1.2. You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this Website, including but not limited to text, software, music, sound, photographs, graphics, video, (collectively and individually, the Content) is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that You are permitted to use the Content only as expressly set out below, and any use such as, but not limited to, copying, reproducing, republishing, transmitting, distributing, offering any of the Content to the public, or creating derivative works of the Content is prohibited without the prior express written authorisation of Parallelozero.
1.3. All Content on the Website remains the property of Parallelozero, or, in respect of certain images, of the author of the image.
1.4 You may retrieve and display Content on a computer screen, PDA or mobile telephone, and store temporary copies of the Content in electronic form on hard drive, disk or on your PDA or mobile telephone for your personal, non-commercial use only. You may not store permanent copies of the Content in any form. You may not store any copies of the Content on any server or other storage device connected to a public or open network whereby such Content may be viewed or retrieved by any third party.
1.5. You may not use the Website for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation or commercial exploitation.
1.6 You may not create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
2. Information on the Website
2.1 Information in the Website, including these Terms and Conditions, is subject to change without notice. Please review these Terms and Conditions regularly to ensure You are aware of any changes made by Parallelozero. Your continued use of the Website after changes are posted means You agree to be legally bound by these Terms and Conditions as updated and/or amended.
2.2 Parallelozero makes no representations that the Content in this Website is appropriate or available for use in all countries. Those who do access this Website are solely responsible for compliance with local laws of the country in which the Content is accessed.
3. Exclusion of liability
3.1 While Parallelozero will use reasonable efforts to include accurate and up to date information in the Website, Parallelozero makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the Content.
3.2 Use of and browsing in the Website is done at Your own risk. Neither Parallelozero, nor any other party involved in creating, producing, or delivering the Website, nor any naming right sponsors, Event Sponsor and third parties affiliated with Parallelozero in the organization of the ISPA (Event Partners) shall be liable for any direct, incidental, consequential or indirect damages arising out of Your access to, or use of, or browsing the Website, or downloading of any materials, data, text images, video, or audio from the Website, including, without limitation, damage to, or viruses that may infect, Your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Website is provided to You “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
From time to time, Parallelozero (and its associated companies) may ask that You transmit to the Website by electronic mail Your feedback on Parallelozero products and/or services. Any communication or material You transmit or post will be (a) treated as non-confidential and non-proprietary by Parallelozero, (b) become the property of Parallelozero and Parallelozero shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Parallelozero or its affiliates or any Event Sponsors at its sole discretion without any obligation, compensation or other liability to You. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Website or otherwise. Parallelozero shall be under no obligation to respond to any such communication.
If You apply for the Award, the personal data You included in your application will be processed by Parallelozero in accordance with the personal data processing notice that is given to You at the time of Your registration.
6. Availability of the Website
Whilst Parallelozero endeavors to ensure that the Website is normally available 24 hours a day, Parallelozero will not be liable if for any reason the Website is unavailable at any time or for any period. Parallelozero does not guarantee the functions contained in the Website will be uninterrupted or error-free, or that defects will be corrected even if Parallelozero is aware of them. Additionally, Parallelozero makes no warranty that the Website services or its server are free from infection by viruses or anything else that has contaminating or destructive properties.
7.1 On registration, You must provide Parallelozero with accurate, complete registration information and it is Your responsibility to inform Parallelozero of any changes to that information (including in particular Your e-mail address).
7.2 Each registration is for a single user only. On registration, You will choose a user name and password.
7.3 You are responsible for all use of the Website made by You or anyone else using Your user name and password (collectively, ID) and for preventing unauthorised use of Your ID. If You believe there has been any breach of security such as the disclosure, theft or unauthorised use of Your ID, You must notify Parallelozero immediately.
7.4 If on registration (or on amendment of Your registration details) You provide Parallelozero with an email address that will result in any emails Parallelozero may send You being sent to that address. You are warranting that You are entitled to receive emails from Parallelozero at that address.
8. Intellectual property and trademarks
8.1 Parallelozero may publish any material You submit, post, upload, email or otherwise transmit to it or to the Website at its sole discretion and it shall be entitled to make additions or deletions to any such material prior to publication.
8.2 The names, images and logos identifying the ISPA, Parallelozero, Event Sponsor or third parties and their products and services are subject to copyright, design rights and/or are registered and unregistered trademarks of Parallelozero, Event Sponsor or third parties. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, patent, design right or copyright of Parallelozero, the Event Sponsor or third parties. In the event that You misuse any trademark, patent, design right or copyright in violation of these Terms and Conditions, Parallelozero and/or its subsidiaries and/or affiliates and/or associated companies and/or Event Sponsor will enforce its intellectual property rights to the fullest extent of the law.
8.3 Parallelozero reserves the right, in its sole discretion, to disqualify and remove any image uploaded or submitted that does not comply with the following requirements, even after the entry is submitted on the Website. You warrant and represent, in respect of each image uploaded or submitted by You (Image), as follows:
- You are the sole owner and author of each Image;
- You have the right to make Your Image available on the Website;
- each Image does not contain any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content;
- each Image does not contain any material that could constitute or encourage conduct which would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
- each Image does not infringe upon the copyrights, trademarks, contract rights, or any other intellectual property rights of any third person or entity, or violate any person’s rights of privacy or publicity;
- each Image does not contain any commercial content that promotes any product or service other than that of the Parallelozero.
8.4 You agree to fully indemnify Parallelozero in respect of all royalties, fees and any other monies owing to any person by reason of Your breaching any of the foregoing.
8.5 You confirm that each person depicted in the Image has granted permission to be portrayed as shown. Any costumes, props or other materials used must be rented or borrowed with the permission of the owner, and all other relevant permissions must have been obtained.
8.6 To be allowed to upload images onto the Website or to share them with Parallelozero, You need to be over 18 years old.
8.7 Parallelozero may run an online rating process whereby members of the public may vote for a favorite photograph. If there is sufficient evidence (at the Parallelozero’s sole discretion) to suggest malpractice and manipulation of the rating process, Parallelozero has the right to remove the relevant Image or Images.
8.8 Parallelozero recognizes that You, the author of the Image, retain full ownership of the copyright in each Image.
8.9 Those images submitted to the Website which are selected in the short-list of final competitors of the Award may be used by Parallelozero and the Event Sponsor for marketing and promotional purposes of the Award only, for a maximum of five years after the first utilization of each image by Parellozero or the Event Sponsor. By applying for the Award, You hereby grant Parallelozero and the Event Sponsor a non-exclusive, irrevocable, free of charge license in each Image throughout the world for five years in all media for any use connected to the promotion of the Website and of the Award.
8.10 Any photograph used by Parallelozero in the promotion of the Website shall carry a credit line. Any failure to provide such credit line shall not be deemed to be a breach, as long as Parallelozero uses its reasonable endeavours to rectify such failure within a reasonable period from the date of notice of such failure.
8.11 You acknowledge that it is Your responsibility to protect any Image against image misuse by any third party, for example, but not limited to the insertion of a watermark. Parallelozero and the Event Sponsor assume no responsibility and are not liable for any image misuse.
9. Links to other websites
9.1 This Website may link to other websites not maintained by or related to Parallelozero. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Website or with the products and services of Parallelozero. Parallelozero has not reviewed all of the websites linked to the Website and is not responsible for the content of any off-site pages or links to any other websites. Viewing all other websites is at Your own risk.
9.2 You may not create a link to the Website from another website or document without Parallelozero’s prior written consent.
9.3 In the event that Parallelozero may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board, and the like on the Website, Parallelozero is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such transmitted information nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Parallelozero will fully cooperate with any law enforcement authorities or court order requesting or directing Parallelozero to disclose the identity of anyone posting any such information or materials.
10. Choice of law and jurisdiction
10.1 These Terms and Conditions shall be governed by, and construed in accordance with, Italian law.
10.2 Except if otherwise provided by mandatory law, the courts of Milan shall have the exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these Terms and Conditions or the legal relationship established by them, except for the cases in which the law establishes a different mandatory jurisdiction.
11.1 You may not assign, sub-license or otherwise transfer any of Your rights under these Terms and Conditions.
11.2 If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
11.3 Failure by either party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.
11.4 If Parallelozero is in breach of any of its obligations under these Terms and Conditions or the Rules or under statute or common law, Your rights and remedies will be limited to the right (if any) to recover damages in an action at law and in no circumstances will You be entitled by reason of any such breach to enjoin or restrain the distribution, exhibition, broadcasting, advertising or exploitation of any photographs or any Image.
11.5 These Terms and Conditions, and, if You apply to the Award, the Official Rules, set out the entire understanding and agreement between You and Parallelozero with respect to the Website. You acknowledge that any other agreement between You and Parallelozero with respect to the Website is superseded and shall have no force or effect.