Terms of Service
General Terms of Service
We're not creepy. We hope You're not either. Below You'll find what We expect from You, and what You can expect from Us. By agreeing to Our terms of service when You created Your account, and when using this Website (the "Contest Website"), You are bound by the terms below:
- You shouldn't give Your password to anyone. We promise to keep it secure on Our end, but it's up to You to keep it to Yourself.
- This Contest Website is intended for limited personal use for the purpose of uploading photos, voting on photos, ranking photos and possible publication of photos in designated products. We are not an image hosting service, and cannot be relied upon as such. Your photos are hosted here on an expiring basis. Once the project is finished, We may remove all Your photos from the Contest Website.
- You may not use the Contest Website for any illegal or unauthorized purpose. You agree to abide by all laws in Your jurisdiction (including but not limited to copyright laws). Bottom line: don't break laws here.
- Don't be a jerk. You must not abuse, harass, threaten, impersonate or intimidate other Contest members or Contest Website users. You also understand that not everyone will love Your work and they might say it, so don't be offended by critical comments. We don't like rude people either, but We can't always prevent it.
- You are responsible for any activity that occurs under Your screen name. You, and You alone, are responsible for Your conduct and any data, text, screen names, photos, profiles, comments, and links that You submit, post, and display on the Contest Website.
- You must not modify, adapt, copy, decompile, disrupt or hack the Contest Website or modify another Website so as to falsely imply that it is associated with the Contest, Us, or any Sponsors.
- Do You like spam? We didn't think so. Don't spread it around. You must not create or submit unwanted email to any Contest Website members or users.
- Everyone's views are theirs alone. Views expressed by users and Sponsors are not necessarily those of We, us, You, Yours or anyone else.
- Please let Us know if anyone else appears to be misusing the Contest Website.
Violation of any of these agreements will result in the termination of Your account. While We and Our Sponsors (those who pay to sponsor the Contest and advertising on the Contest Website) prohibit such conduct and content on Our sites, You understand and agree that We and Our Sponsors cannot be responsible for the content posted by others on the Website and You may be exposed to such materials. You use the Contest Website at Your own risk. Below is the legal-ese version of "stuff happens":
To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and noninfringement. If you are dissatisfied or harmed by the contest and/or website or anything related to the contest, you may leave the website and terminate your account, and such termination shall be your sole and exclusive remedy. In addition, we neither warrant nor represent that your use of the website will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology.
We do not guarantee that the services which it provides will function without interruption or errors in functioning. In particular, their operation may be momentarily interrupted due to maintenance, updates, or technical improvements. We disclaim all liability for damages caused by any such interruption or errors in functioning. Furthermore, we disclaim all liability for any misfunctioning, impossibility of access, or poor use conditions of the contest website due to inappropriate equipment, disturbances linked to the internet service provider, to the saturation of the internet network, and for any other reason unrelated to us.
We do not have any obligation to verify the identity of the persons using the website, nor do we have any obligation to monitor the use of the website by other members of the community; therefore, pediment disclaims all liability for identity theft or any other misuse of your identity or information.
By using this Website, You acknowledge and agree that The Pediment Group, Inc., its affiliates, service providers, directors, principles, officers, shareholders, employees, agents, or representatives, are not responsible for any reliance, damage or loss caused or alleged to have been caused by accessing, downloading or using any rankings, comments, content, links, products or services of other Users or third party sites, and You hereby release The Pediment Group, Inc., its directors, principles, officers, shareholders, employees, agents, affiliates, service providers and representatives, and each of their respective successors and assigns from any and all actual or alleged harms which may result from using or relying on any content on the Website. Neither Pediment corporation nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors ("Pediment Affiliates") shall be liable for (1) any damages in excess of $100, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to You or any third person arising from Your use of Our services, any platform applications or any of the content or other materials on, accessed through or downloaded from the Website even if Pediment is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall: (i) apply regardless of whether You base Your claim on contract, tort, statute or any other legal theory, We knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and (ii) not apply to any damage that Pediment or its Affiliates cause You intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.
Capture Dakota Copyright Terms
We want to assure Users that this Contest is not intended as a "rights grab." By submitting Your photos You are granting a limited license to Us to use the photos and give You proper attribution, as described herein. If We wish to use the photos for other purposes, We will request permission from You at that time.
By submitting to the Contest Website ("We" or "us") the attached photograph(s), text, or other materials (the "Materials"), You acknowledge that Our Terms of Service, including these Copyright Terms, apply to Your submission and Our use of the Materials. You retain all right, title and interest in the Materials, and any rights not granted herein are reserved to You.
- We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Contest Website (collectively, submit) messages, text, files, images, graphics, photos, comments, information, content, and/or other materials (Materials). Subject to the rights and license you grant herein, you retain all right, title and interest in your Materials. We do not guarantee any confidentiality with respect to Materials even if it is not published on the Contest Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your Materials, and we do not accept any responsibility for the same.
- You shall not submit any Materials protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from Materials that you submit.
- You will not submit any Materials that:
- violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
- impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- is an advertisement for goods or services or a solicitation of funds;
- includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- contains a formula, instruction, or advice that could cause harm or injury; or
- is a chain letter of any kind.
- Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Contest Website will not be permitted.
- By submitting Materials to us, simultaneously with such posting, you automatically grant, or warrant that the owner has expressly granted to Us a limited, royalty-free, non-exclusive, non-revocable, worldwide right to copy, edit, adapt, distribute, perform, display, and/or use, the Materials, including any derivative works or translations created from the Materials, in whole or in part, as we, in our sole discretion, deem appropriate, for use in the Contest, the Contest Website, and promotion related to the Contest and Contest Website.
- By submitting Materials, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name in connection with broadcast, print, online, or other use or publication of your Materials. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the Materials.
- We have the right, but not the obligation, to monitor Materials. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any Materials.
- You represent that You are at least 18 years old, or that You and Your parent or legal guardian hereby agree, that You have the right to grant Us all the rights granted herein and that the Materials are Your original work and are not owned by or exclusively licensed to any other person or entity. You also represent that the Materials, the creation of the Materials, and the use of the Materials do not violate any law or regulation and do not infringe the rights of any person or entity, including, but not limited to, any copyright or trademark rights and/or rights of privacy or publicity. You agree to indemnify and hold harmless Us, the Contest Website host, the Sponsors, Our parent company, affiliates and licensees, from any loss, claim, damage or expense arising from the use of the Materials or Your breach of this Agreement, including the above representations.
- You understand and agree that You will not have any right of approval over the use of the Materials pursuant to this Agreement and You will not receive any additional compensation as a result of any use of the Materials or the rights granted pursuant to this agreement beyond the Contest prize opportunities, publicity and exposure You and Your Materials will receive through the Website. You also understand and agree that nothing in this agreement obligates Us to use the Materials. This agreement constitutes the entire agreement between Us and You with respect to the subject matter of the agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. This agreement shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to conflicts of law principles.
We encourage You to read a bit more about Your rights.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to modify or terminate Your account for any reason, without notice, at any time.
- We may, but have no obligation to, remove content and accounts containing content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or may violate any party's intellectual property or these Terms of Service.
- We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, We will notify You. What constitutes a "material change" will be determined at Our sole discretion, in good faith and using common sense and reasonable judgment.
If You have any questions, don't hesitate to contact us.
Copyright Infringement Claims
Copyright Infringement Claims, Notice and Takedown Procedures. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, Pediment has designated an agent to receive notices of claimed copyright infringement. If You believe in good faith that Your work has been copied in a way that constitutes copyright infringement, please provide Pediment's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the material that You claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Pediment's Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at firstname.lastname@example.org with "Copyright Agent" in the subject line, or by mail at:
The Pediment Group, Inc. ATTN: Copyright Agent 109 SW 1st Street Battleground, WA 98604
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Pediment may remove or disable access to the material that is alleged to be infringing;
- Pediment may forward the written notification to such alleged infringer; and,
- Pediment may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Pediment's Copyright Agent. To be effective, a Counter-Notification must be a written communication provided to Pediment's Copyright Agent for Notice that includes the following information:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which Pediment Corporation may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
- Pediment may promptly provide You with a copy of the Counter-Notification;
- Pediment may inform You that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- Pediment may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Pediment's Copyright Agent for Notice has not received notice from You that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Pediment's network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
The general rules, regulations and terms you need to agree to before you can use the Capture Dakota site. You'll also find copyright information pertainting to the Capture Dakota web site here.