Urban Photo Race Terms & Conditions

Thanks for visiting the URBAN PHOTO RACE! Important, please read carefully the following Terms of Use agreement before using the website at http://www.urbanphotorace.com (“URBAN PHOTO RACE” or "UPR"). By using the website you agree to be legally bound by the terms of this policy and the accompanying Privacy Policy.

Welcome to www.urbanphotorace.com (the “Website”). Please read the following Terms of Use (“Terms”) carefully before using this Website so that you (“You” or “Your”) are aware of Your legal rights and obligations with respect to the URBAN PHOTO RACE, its affiliates and subsidiaries (individually and collectively, “URBAN PHOTO RACE”, "UPR" or “We”).

You must be at least 18 years old to register or use the Services. By registering or using our Website, you represent that you are over 18. We reserve the right, at our discretion, to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website following the posting of changes to these Terms will mean You accept those changes.

 

1. Website Access and Grant of Limited License

A. The URBAN PHOTO RACE hereby grants You permission to use the Website, provided that: (i) You will not copy, distribute or modify any part of the Website, including the comments thereon, without the UPR‘s prior written authorization, other than as permitted herein; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, or similar mass mailings; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Website; and (v) You comply with these Terms.

B. You agree not to use or launch any automated system, including without limitation, “robots” or “spiders”. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes, other than those permitted by the Website.

C. You agree that any content downloaded or otherwise obtained through the use of the Website is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such content and material.

 

2. Links

The Website may contain links to third party websites that are not owned or controlled by UPR. UPR is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, UPR will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly release UPR from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Website and to read the terms and conditions and privacy policy of each other website that You visit.

 

3. Intellectual Property Rights

The content on the Website, including without limitation, all User Submissions, the text, documents, products, software, scripts, graphics, photos, sounds, interactive features, services, provided on this Website and any other content on the Website (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to UPR by their respective owners. Content on the Website is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without UPR's prior written consent. UPR reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

UPR logo and other marks are Marks of UPR or its affiliates. All other trademarks, service marks, and logos used on our Website are the trademarks, service marks, or logos of their respective owners.

 

4. Copyright and Content Policy

UPR respects the intellectual property rights of others, and requests You to do the same. UPR does not permit copyright infringing activities and infringement of Intellectual Property Rights on its Website, and UPR will remove all Content if properly notified that such Content infringes another’s Intellectual Property Rights. UPR reserves the right to remove Content without prior notice. UPR reserves the right to terminate a user’s access to the Website, if it has grounds to believe such infringes these policies. Furthermore, UPR may remove such Content and/or terminate a user’s access for uploading such content in violation of these Terms at any time, without prior notice and at its sole discretion. To report a suspected violation of your copyright, please notify us at info[at]urbanphotorace.com with the word “Copyright” in the subject heading, and a statement in the body of the communication that you are the owner of the copyright along with the location of the infringing material on the Website. This section shall survive any termination of these Terms.

 

5. User Submissions

A. The UPR permits the submission of content by You and other users (“User Submissions“) and the hosting, sharing and publishing of such User Submissions. Publishing of User Submissions is entirely at the sole discretion of UPR. You understand that whether or not such User Submissions are published, UPR does not guarantee any confidentiality or accuracy with respect to any User Submissions.

B. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: You own or have the necessary rights and permissions to use, and You authorize UPR to use, all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Website and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to UPR, You hereby grant UPR a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and UPR (and its successor’s) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.

C. You agree that You will not display, post, submit, publish or transmit User Submission that: (i) constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant; (ii) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; (iii) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (iv) is defamatory or violates a person’s privacy; (v) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (vi) improperly exposes trade secrets or other confidential or proprietary information of another person; (vii) is intended to assist others in defeating technical copyright protections; (viii) clearly infringes another person’s trade or service mark, patent, or other property right; (ix) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (x) is discriminatory in any way, including by way of sex, race, or age discrimination; (xi) facilitates any activity or conduct that is or may be defamatory, pornographic, obscene, indecent, abusive, offensive or menacing; (xii) involves theft, fraud, drug-trafficking, money laundering or terrorism; (xiii) is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to us; (xiv) is otherwise malicious, fraudulent, or may to result in retaliation against us by offended viewers; (xv) falsehoods or misrepresentations that could damage UPR or any third party; (xvi) advertisements or solicitations of business; or (xvii) impersonate another person. UPR does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and UPR expressly disclaims any and all liability in connection with User Submissions.

D. You understand that when using the Website, You will be exposed to User Submissions from a variety of sources, and that UPR is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against UPR with respect thereto, and agree to indemnify and hold UPR, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website.

 

6. Event

The UPR is an event whose purpose is to provide the platform for photographers to engage in urban photography and to discover the urban landscapes of the hosting cities. The UPR supervises the overall quality of its services across all hosting cities. Nonetheless it's up to the local teams to uphold and enforce the UPR standards.

 

7. Payments

There are no payments executed through the site and all payments are processed directly with the third-party ticket service. Ticket prices and availability dates are set by the UPR. These may have extra administrative costs set by the third-party service.

 

8. Payment Process

A. Payment confirmation is done by the third-party service, who will send You a mail to the supplied email address at the time of purchase. This email will confirm your ticket with a registration number.

 

9. Disclaimer

A. Release

UPR shall in no way be liable to You in the event that the service You purchase is not suitable for Your purpose. Because UPR is an event, in the event that You have a dispute with one or more participants, you release UPR (and UPR's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown (including without limitation any injury or damage you may sustain while participating in the service), suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

B. Cancellations

The purchase of a UPR ticket may be cancelled up to 7 days before the race date. In the event that you cancel your ticket within the allowed time you agree to be refunded the amount that UPR would eventually receive from the ticket sale, not included any and all extra costs from the purchase of the ticket to third-parties.

Please contact the UPR directly for information on our cancellation and refund policies.

UPR shall not accept any liability for losses, additional expenses or any claim whatsoever due to changes, sickness, weather, strikes or any other cause. All such losses, additional expenses or claims will be borne by You.

C. Acceptance of Risk

The service offered on the Website may be adventurous in nature and may involve a significant amount of personal and material risk. You hereby assume all such risk and hereby release UPR from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.

 

10. Limitation of Liability and Warranty

THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY SHALL APPLY WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND UPR, THE SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE EVERY REASONABLE EFFORT TO ENSURE THAT THE SITE, SERVICE AND THE CONTENT WILL FUNCTION AS CLAIMED, UPR DOES NOT GUARANTEE THAT THE SITE, SERVICE OR THE CONTENT WILL BE PROVIDED UNINTERRUPTED, BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT THEY WILL ALWAYS BE AVAILABLE. THE SITE, INCLUDING THE SERVICES WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT UPR WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, UPR DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT UPR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UPR DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USER'S SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER UPR USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT UPR IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. UPR RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.

UNDER NO CIRCUMSTANCES SHALL UPR, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, SERVICE OR THE SITE EVEN IF UPR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT UPR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU TO UPR IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, IF ANY, FOR ACCESSING AND USING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

11. Indemnity

You agree to defend, indemnify and hold harmless UPR, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Website; (ii) Your violation of these Terms; (iii) Your violation of any third party right, including without limitation any Intellectual Property Right; or (iv) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Website.

 

12. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by UPR without restriction.

 

13. Language

Where UPR has provided you with an English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with UPR. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

 

14. General

These Terms, along with the Privacy Policy, and the relationship between You and UPR are governed by and construed in accordance with the laws of the Netherlands, without regard to its principles of conflict of laws. You and UPR agree to submit to the personal and exclusive jurisdiction of the courts located in Amsterdam, The Netherlands and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by UPR on the Website, shall constitute the entire agreement between you and UPR concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. UPR reserves the right to amend these Terms at any time and without notice, and it is Your responsibility to review these Terms for any changes. Your use of the Website following any amendment of these Terms will signify Your assent to and acceptance of its revised terms. YOU AND UPR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT BY CLICKING “I ACCEPT” OR USING THE WEBSITE I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.

 

Last Updated: January 17, 2017