The Siena Awards’ terms & conditions have been amended in response to user feedback on the 10/05/2015. Please read this carefully.
Access to and use of sienawards.com and the related competitions’ websites (the “Site”) is provided by Art Photo Travel Association (“Siena Awards”) to you (“You”/”Your”), subject to the following terms and conditions (“Terms”).
In consideration of the Siena Awards allowing You to access the Site, You are deemed to have accepted the Terms, which shall take effect immediately on Your first use of the Site, whether or not You register as a user or enter the Competition. If You do not agree to be legally bound by all the following Terms please do not access and/or use the Site.
1. Use of Content and Linking to the Site
1.1 This Site 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 Site, including but not limited to text, software, music, sound, photographs, graphics, video, (collectively and individually, the “Content”) is protected by copyrights, trade marks, 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 the Siena Awards.
1.3 All Content on the Site remains the property of the Siena Awards, or, in respect of certain images, 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 Site 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 Site
2.1 Information in the Site, including these Terms, is subject to change without notice. Please review these Terms regularly to ensure You are aware of any changes made by the Siena Awards. Your continued use of the Site after changes are posted means You agree to be legally bound by these Terms as updated and/or amended.
2.2 The Siena Awards makes no representations that the Content in this Site is appropriate or available for use in all countries. Those who do access this Site are solely responsible for compliance with local laws of the country in which the Content is accessed.
3. Exclusion of Liability
3.1 While the Siena Awards will use reasonable efforts to include accurate and up to date information in the Site, the Siena Awards make 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 Site is done at Your own risk. Neither the Siena Awards, nor any other party involved in creating, producing, or delivering the Site, nor any naming right sponsors, event sponsors and third parties affiliated with the Siena Awards and the Art Photo Travel Association (“Event Partners”) shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of Your access to, or use of, or browsing the Site, or downloading of any materials, data, text images, video, or audio from the Site, 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 Site 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, the Siena Awards (and its associated companies) may ask that You transmit to the Site by electronic mail Your feedback on the Siena Awards products and/or services. Any communication or material You transmit or post will be (a) treated as non-confidential and non-proprietary by the Siena Awards, (b) become the property of the Siena Awards and the Siena Awards shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by the Siena Awards or its affiliates or any Event Partners 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 Site or otherwise. The Siena Awards shall be under no obligation to respond to any such communication.
6. Availability of Site
Whilst the Siena Awards endeavors to ensure that the Site is normally available 24 hours a day, the Siena Awards will not be liable if for any reason the Site is unavailable at any time or for any period. The Siena Awards does not guarantee the functions contained in the Site will be uninterrupted or error-free, or that defects will be corrected even if the Siena Awards is aware of them. Additionally, the Siena Awards makes no warranty that the Site 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 the Siena Awards with accurate, complete registration information and it is Your responsibility to inform the Siena Awards 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. The Siena
Awards does not permit any of the following:
– any other person sharing Your user name and password;
– access through a single name and password being made available to multiple users on a network.
7.3 You are responsible for all use of the Site 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 or any payment information, You must notify the Siena Awards immediately.
7.4 If on registration (or on amendment of Your registration details) You provide the Siena Awards with an email address that will result in any emails the Siena Awards may send You being sent to You via a computer network operated by or on behalf of Your employer or college (or similar) then You are warranting that You are entitled to receive emails at that address. You also agree that the Siena Awards may refrain from sending You any emails to such address without notifying You, even if You have subscribed to receive them, if we receive a request from Your employer or college to stop sending emails to that address.
Property and Trademarks
8.1 The Siena Awards may publish any material You submit, post, upload, email or otherwise transmit to it or to the Site 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 Siena Awards, Drone Photo Awards, Creative Photo Awards, Smartphone Photo Awards, Event Partners or third parties and their products and services are subject to copyright, design rights and/or trade marks of the Siena Awards trademarks displayed on the Site are registered and unregistered trademarks of the Siena Awards, Drone Photo Awards, Creative Photo Awards, Smartphone Photo Awards, Event Partners or third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, patent, design right or copyright of the Siena Awards, Drone Photo Awards, Creative Photo Awards, Smartphone Photo Awards, Event Partners or third parties. In the event that You misuse any trademark, patent, design right or copyright in violation of these Terms, the Siena Awards and/or its subsidiaries and/or affiliates and/or associated companies and/or Event Partners will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
8.3 You should not make any suggestions to the Siena Awards through this Site or otherwise. Nonetheless, if You do send us a suggestion, despite our request not to do so, then such suggestions shall immediately become the property of the Siena Awards and the Siena Awards shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, the Siena Awards shall be free to use any suggestions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. The Siena Awards shall not be liable for such use or disclosure of such suggestions or for any similarities in the suggestions and any future the Siena Awards uses or activities.
8.4.1 The Siena Awards reserves the right, in
its sole discretion, to disqualify and remove any image uploaded (“entry”) 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 entry submitted
by You (“Entry”), as follows:
22.214.171.124 You are the sole owner and author of each Entry
126.96.36.199 You have the right to make Your entry available to the site
188.8.131.52 Each Entry does not contain any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content
184.108.40.206 Each Entry 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
220.127.116.11 Each Entry 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
18.104.22.168 Entries which contain any commercial content that promotes any product or service other than that of the Siena Awards
22.214.171.124 Entries containing screen credits
8.4.2 You agree to fully indemnify the Siena Awards in respect of all royalties, fees and any other monies owing to any person by reason of Your breaching any of the foregoing.
8.4.3 You confirm that each person depicted in the Entry 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.
8.5 If You are under 18, You have Your parent’s or legal guardian’s consent to upload images onto the site.
8.6 The Siena Awards may run an online rating process whereby members of the public may vote for a favorite photograph. If there is sufficient evidence (in the Siena Awards’s sole discretion) to suggest malpractice and manipulation of the rating process, then the Siena Awards has the right to remove the relevant Entry or Entries.
8.7.1 The Siena Awards recognizes You, the author of the image, retain full ownership of the copyright in each Entry.
8.7.2 All entrants understand that any image submitted to the site may be used by the Siena Awards for marketing and promotional purposes of the site only, for a maximum of three years after the entry is uploaded. You hereby grant the Siena Awards a non-exclusive, irrevocable licence in each Entry throughout the world for three years in all media for any use connected to the promotion of the Site.
8.8. Any photograph used by the Siena Awards in the promotion of the site shall carry a credit line. Any failure to provide such credit line shall not be deemed to be a breach, as long as the Siena Awards uses its reasonable endeavours to rectify such failure within a reasonable period from the date of notice of such failure.
8.9 You acknowledge that it is Your responsibility for protecting any Entry against image misuse by any third party, for example, but not limited to the insertion of a watermark. The Siena Awards and its Partners assume no responsibility and are not liable for any image misuse.
8.10 Competitions organized by the Siena Awards contain additional terms & conditions specific to the competition itself and can be found within the competition section of the Site.
9. Links to Other Sites
9.1 This Site may link to other sites not maintained by or related to the Siena Awards. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of the Siena Awards. The Siena Awards has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at Your own risk.
9.2 You may not create a link to the Site from another website or document without the Siena Awards’s prior written consent.
9.3 In the event that the Siena Awards may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board, and the like on the Site, the Siena Awards 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. The Siena Awards will fully cooperate with any law enforcement authorities or court order requesting or directing the Siena Awards to disclose the identity of anyone posting any such information or materials.
10. Changes to these Terms
The Siena Awards reserves the right, at its discretion, to make changes to any part of the Site and its related services. Due to its policy of updating and improving the Site, the Siena Awards may wish to change these Terms. If You use the Site or related services after the Siena Awards has published or notified You of the changes, You are agreeing now to be bound by those changes. If You do not agree to be bound by those changes, You should not use the Site (and should cancel Your subscription to any related services).
11. Competitions and Prizes
The Siena Awards are subject to additional terms. See Competition Rules.
12. Choice of Law and Jurisdiction
12.1 These Terms shall be governed by, and construed in accordance with, Italian law.
12.2 The courts of Italy shall have the non-exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these Terms or the legal relationship established by them.
13.1 You may not assign, sub-license or otherwise transfer any of Your rights under these Terms.
13.2 If any portion of these Terms 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.
13.3 Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
13.4 If the Siena Awards 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 Entry.
13.5 These Terms, and, if You enter the Competition, the Competition Rules, set out the entire understanding and agreement between You and the Siena Awards with respect to the Site. You acknowledge that any other agreements between You and the Siena Awards with respect to the Site are superseded and of no force or effect.