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By entering this competition you hereby agree to the following terms and represent
and warrant that:
1 - Age - All registration information you submit is truthful and accurate.
You further represent and warrant that you are 18 years of age or older
and that your use of agora-gallery.com does not and will not violate any applicable
law or regulation.
2 - Copyrights - All of the images that you will be submitting are images
of original artwork created by yourself or it is artwork created by an artist who
authorized you to submit the images on his/her behalf and the images do not violate
the privacy rights, publicity rights, copyright rights, or other intellectual property
rights of any person or entity. You may not post, distribute, or reproduce in any
way any copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights. It
is the policy Agora Gallery to terminate all relations with any artist who infringes
copyright upon prompt notification to Agora Gallery by the copyright owner or the
copyright owner's legal agent without limiting the foregoing.
3 - What to do if someone submitted your images to us without your permission:
If you believe that your work has been copied and posted on our website in a way
that constitutes copyright infringement, please provide us with 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 allegedly infringed material
is located on our website; your address, telephone number, and email address; a
written 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 written and
signed statement by you, made under penalty of perjury, that the information in
your notice to Agora Gallery is truthful and accurate and that you are the copyright
owner or are authorized to act on behalf of the copyright owner.
4 - Artwork - The artwork which will be uploaded by you will not include
pornographic, sexually explicit or suggestive material, violence or gore and/or
racist material.
5 - Selected Artists - If your work is selected it will be your exclusive
responsibility to deliver the actual artwork to the gallery and make sure it is
framed and/or gallery wrapped and ready to be displayed. You agree that you will
follow all of the gallery's procedures for promotion and exhibitions and that the
gallery has the exclusive right to revoke your participation if those instructions
are not followed
6 - Fee - you agree that all competition fees are mandatory and non-refundable.
7 - Limitation of Liability - In the event that you bring a lawsuit or assert
in any forum any claim whatsoever against Agora, it's agents, employees, representatives
and/or officers, in connection with and/or arising from any claims that are in any
way related to your entry to the competition and/or any acts or omissions arising
from Agora's representation of you and/or Agora's relationship with you in any manner
whatsoever the maximum amount of damages to which you shall be entitled on all of
your claims in the aggregate shall be the greater of either (a) the insurance proceeds
received by either you or Agora in connection with your claim or (b) in the event
that your insurance claim is denied for any reason whatsoever and/or is not covered
by the insurance policy, no more than the total amount actually paid by you to Agora
in connection with your entry.
In the event that any party commences a lawsuit or other legal proceeding to enforce
its rights under this Agreement or in connection with and/or arising from any claim
whatsoever against Agora, its agents, employees, representatives and/or officers,
in connection with any claims that are in any way related to this agreement and/or
any acts or omissions arising from Agora's representation of you and/or Agora's
relationship with you in any manner whatsoever; a) you hereby unconditionally consent
to the exclusive jurisdiction of the courts of the state of New York, New York County,
and New York law shall apply for the adjudication of any such claim and b) , Agora
shall be entitled to recover from you all of its costs and expenses relating to
any such proceeding including, without limitation, its attorneys' fees.
8 - Indemnity - You agree to indemnify and hold harmless Agora Gallery, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of our website in violation of
this Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above and/or any acts or omissions
arising from Agora's representation of you and/or Agora's relationship with you
in any manner whatsoever.
