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Image Release Agreement

User Content Submission Agreement

Please read this User Content Submission Agreement carefully because it is a part of the Terms of Use Agreement and represents your legally binding agreement with us.

("Submission Agreement") regarding your submission (and our display and distribution) of content to the Site via certain technology, functionality and/or features we make available to you so you can upload and post such content for display via the Site (collectively, the "User Content Submission Form"), and this Submission Agreement applies regardless of what type of Device you use to submit content to the Site. Unless defined separately, terms used in this Submission Agreement are defined in our Terms of Use Agreement.

When you submit Images, or by using or attempting to use the User Content Submission Form, you are signifying your agreement with and acceptance of all terms and conditions of this Agreement as well as the terms and conditions contained in the Terms of Use Agreement that govern your legal and contractual relationship with Estela Magazine and Estelamag.com. We have the right to change the terms and conditions of this Submission Agreement at any time. If you do not agree with all the terms and conditions of this Submission Agreement at any time, including, without limitation, those times when we make changes, do not use, do not attempt to use, and immediately discontinue your use of, the User Content Submission Form, because if you do any of these things you are agreeing to be bound by all of the terms and conditions of this Submission Agreement, including, without limitation, any changes we have made.

IMPORTANT NOTE: You must meet the Age and Other Eligibility Requirements in Section 2 of this Submission Agreement and each and every time you submit or attempt to submit User Content, among other things, you will be asked to confirm your compliance.

1. Submitting User Content The term "User Content" means and refers to any and all content, media and materials you submit for posting in the magazine and on the website using the User Content Submission Form, including, without limitation, still photographs, writings, portraits, likenesses, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world. Each time you upload or submit User Content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Submission Agreement. To be considered for posting and display to the public, User Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission which can also be found on the Site's web page for the upload of User Content. In order to submit User Content, you will also need to meet our Age Requirements (see Section 2 below). When you submit User Content you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Content, length, your location and/or similar information. By submitting User Content, you are also agreeing and you understand that the term "User Content" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your submission. Always keep a copy of anything you send because we are not responsible for lost, damaged, misdirected, unusable or unreadable User Content. Proof that you submitted User Content does not constitute proof that we received anything.

2. Age and Other Eligibility Requirements By submitting User Content pursuant to the terms and conditions of this Submission Agreement you are certifying that you satisfy the age and other eligibility requirements set forth in the Terms of Use Agreement.

3. User Content Standards; Unauthorized Content You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name and email address if any. User Content does not reflect the views of Estela Magazine, and neither EstelaMag.com, nor any of the Parent Companies or the Affiliates, represents or guarantees the truthfulness, accuracy, or reliability of any User Content, or endorses or supports any opinions expressed in any User Content. In no event shall EstelaMag.com, the Parent Companies or the Affiliates have or be construed to have any responsibility or liability for or in connection with any User Content. If we determine, in our sole discretion, you have not met the Age Requirements (see Section 2 above) or if, in our judgment, you or any User Content you submit violates this Submission Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Submission Agreement, at law or in equity, to (a) refuse to allow you to submit further User Content, (b) remove and delete your User Content, (c) revoke your registration and right to use the User Content Submission Form and (d) use any technological, legal, operational or other means available to enforce the terms of this Submission Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password. We make no claim the User Content Submission Form or any User Content are appropriate for any particular purpose or audience, or that any video, software or our User Content Submission Form may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any User Content including videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations. You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as EstelaMag.com deems appropriate, any "Unauthorized Content" which is defined as any User Content that is or could be construed as violating any of the terms and conditions of this Submission Agreement, and/or any of the terms and conditions set forth in our Terms of Use Agreement, including, without limitation:

  • infringing on a third party's copyright or other intellectual property rights;
  • causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Site;
  • unauthorized access to the User Content Submission Form or information of other users;
  • the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the User Content Submission Form; or
  • any requirements, rules, terms or conditions that may be applicable to the User Content Submission Form.

Neither EstelaMag.com nor the Parent Companies or the Affiliates control any User Content submitted, although we may use both automated and manual means of reviewing User Content in order to prevent Unauthorized Content from appearing and being displayed on our Site. EstelaMag.com reserves the right to review any submitted User Content and to delete, remove, move, edit or reject, without notice to you, any User Content that we deem, in our sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Submission Agreement or to be unacceptable to EstelaMag.com or the Parent Companies or Affiliates, for any reason or for no reason whatsoever; provided, however, that EstelaMag.com, the Parent Companies and the Affiliates shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If EstelaMag.com receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (see Section 4 below), we may remove User Content associated with such claim. EstelaMag.com reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations.

4. Copyright Infringement If you believe any User Content violates the copyright of any other party, you can notify us by using our contact form.

5. Rights Granted to EstelaMag.com In connection with all User Content you submit, you grant to EstelaMag.com, the Parent Companies and the Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, commercial use and otherwise exploit all or any portion of your User Content on the Site, Magazine, and third party Social Networking sites.

6. Disclaimers and Limitation of Liability THE USER CONTENT SUBMISSION FORM ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE USER CONTENT SUBMISSION IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS SUBMISSION AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR USER CONTENT SUBMISSION FORM. ESTELAMAG.com AND THE PARENT COMPANIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE OR USER CONTENT SUBMISSION FORM, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USER CONTENT SUBMISSION FORM WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. THE SITE AND USER CONTENT SUBMISSION FORM ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE USER CONTENT SUBMISSION FORM THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. ESTELAMAG.com AND THE PARENT COMPANIES DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS SUBMISSION AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. ESTELAMAG.com AND THE PARENT COMPANIES EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.

The Terms of Use Agreement, incorporating this Submission Agreement, is the entire agreement between you and us relating to User Content and your use of the User Content Submission Form and supersedes any prior or inconsistent agreements. EstelaMag.com may terminate this Submission Agreement with you and your right to use the User Content Submission Form at any time without notice to you.