Terms and Conditions for Photo Uploads

Terms and Conditions for Photo Upload and Display
A. General
This is a legally enforceable agreement between you and the High Performance HVAC, governing the uploading of any photo(s) for possible display by High Performance HVAC and retention and use of any such photo(s).  High Performance HVAC is providing you the opportunity to upload your photos for possible display by High Performance HVAC.  Uploading any photo(s) for possible display is entirely voluntary.  You will not be compensated for uploading any photo(s).  Uploaded photos selected for display may be publicly viewable by any and all users and/or recipients of High Performance HVAC and Associates.  By uploading any photo(s) for possible display by High Performance HVAC, you agree to and are bound by all of the terms and conditions of this Agreement and your permission to upload any photo(s) is conditioned on your agreement to these Terms and Conditions.
B. Definitions
“Agreement” means these Terms and Conditions in their entirety.
“Display” means to publish, distribute, broadcast, transmit, reproduce, or otherwise make viewable or available on or in any media.
“High Performance HVAC” means the High Performance HVAC Company, its owners, and any employee and or contractor of High Performance HVAC.
“Media” includes, but is not limited to, electronic media such as an Internet website, blog, message board, social networking environment (including Facebook, Twitter, Tumblr, Pinterest and Flickr), social communications, email, and other electronic communication functionality, and hard copy media, such as brochures, reports, mailings, and any other printed or published material.
“Upload” means to transfer a digital or digitized photo file from a computer being used by you to a computer server designated by High Performance HVAC to receive uploaded photos.
C. Your age and capacity to enter into a contract
By uploading any photo(s) for possible display by High Performance HVAC, you warrant that you are at least 18 years of age and otherwise able to enter into a binding contract under Virginia Commonwealth law.  If you are under 18 years of age, you may not upload any photo(s) for possible display by High Performance HVAC.  Your parent or guardian may upload photos on your behalf, provided he or she personally agrees to these Terms and Conditions.
D. Ownership and/or authorization to use and display any uploaded photo(s)
By uploading any photo(s) for possible display by High Performance HVAC, you warrant that you own the copyright to such photo(s) and/or have acquired, have been assigned, or otherwise possess the right, license, and/or authorization to use and/or display any such photo(s).  You further warrant that you are legally permitted and authorized to grant to High Performance HVAC the licenses and permissions set forth in this Agreement as to any such uploaded photo(s) and any individual(s) displayed in such photo(s). You furthermore warrant that you are the parent or legal guardian or have obtained permission from the parent or legal guardian of any minors identifiable in the photograph.
E. Permission and license to display and modify/alter uploaded photo(s) and to use any individuals’ photographic image depicted on any such photo(s)
By uploading any photo(s) for possible display by High Performance HVAC, you grant permission and license to High Performance HVAC to display such photo(s) without any cost to High Performance HVAC  or compensation paid to you by High Performance HVAC or any other party.  You acknowledge that High Performance HVAC may display such photo(s) for marketing or communication purposes on media owned, controlled, or created by High Performance HVAC or at High Performance HVAC’s direction.   You grant to High Performance HVAC permission and license to modify and/or alter any such photo(s) as High Performance HVAC deems necessary and appropriate, at its sole discretion, and to display any such photo(s) as modified and/or altered by High Performance HVAC. Modification and/or alteration could include, but is not limited to, cropping, resizing, and retouching.  You waive the right to view or otherwise inspect and/or approve any version of any photo(s) uploaded prior to the display of any such photo(s).  The permissions granted in this paragraph are non-exclusive and non-transferable, but are unrestricted, unconditional, unlimited, worldwide, irrevocable, and perpetual.
By uploading any photo(s) for possible display by High Performance HVAC, you grant to High Performance HVAC permission and license to use and display photographic image(s) of you, if you appear in any such photo.  Further, you warrant that you have acquired, have been assigned, or otherwise possess the right, permission, and authority to grant to High Performance HVAC permission and license to use and display the photographic image(s) of any and all other individuals displayed in any such photo(s) on behalf of such individual(s) and you grant such permission and license to High Performance HVAC on behalf of any and all such individuals.  You further warrant that any such photo(s) does not depict subject matter that violates any laws or individual rights, or that the uploading of such photo(s) is not done with intent to harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to any individual or entity.
F.  High Performance HVAC’s authority to select uploaded photos for display and to retain and dispose of uploaded photos; removal of uploaded photo(s) from the Gallery at your request
By uploading any photo(s) for possible display by High Performance HVAC, you acknowledge that High Performance HVAC has the right and authority to, at its sole discretion, decide whether, when, and for what duration, to display any uploaded photo(s) and that you have no rights or recourse with respect to such decisions by High Performance HVAC.  You further acknowledge that High Performance HVAC has the right to retain any photo(s) uploaded by you for whatever duration High Performance HVAC, at its sole discretion, deems necessary and appropriate, and that High Performance HVAC may, at its sole discretion, dispose of or destroy any such photo(s) at any time and without any advance notice to you.
By uploading any photo(s) for possible display by High Performance HVAC, you acknowledge that High Performance HVAC may agree to remove any photo(s) from the Gallery upon your request, but that High Performance HVAC has no responsibility to do so and is in no way liable to you for its failure to do so.
G. High Performance HVAC is not liable for incorrect attribution or failure to correctly attribute any uploaded photo(s)
By uploading any photo(s) for possible display by High Performance HVAC, you acknowledge that High Performance HVAC will make reasonable attempts to correctly attribute any uploaded photo(s) to you when displayed, but that High Performance HVAC has no responsibility to correctly attribute any uploaded photo(s) to you and is in no way liable for its failure to attribute any photo(s) to you or for its incorrect attribution with respect to any uploaded photo(s).
H. Uploaded files are free from computer viruses, worms, etc.
By uploading any photo(s) for possible display by High Performance HVAC, you warrant that the digital file(s) uploaded does not contain any computer virus, worm, or any disabling or damaging mechanism that could damage and/or disable High Performance HVAC’s software or hardware or its services or facilities.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.  We also reserve the right not to refund payment of any image uploaded that is found to be in violation of this provision.
J.  High Performance HVAC is not responsible for technical problems related to or involving the upload of any photo(s)
By uploading any photo(s) for possible display by High Performance HVAC, or attempting such upload, you acknowledge that High Performance HVAC is not responsible for the failure of any photo(s) to properly upload, or the loss of any photo(s) or other data in the upload process, whether as a result of technical hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or delayed uploads, whether caused by you or hardware and/or software in your ownership or control or by High Performance HVAC, or its agents or contractors, or hardware and/or software in the control or ownership of High Performance HVAC, or its agents or contractors.
K. Disputes
By uploading any photo(s) for possible display by High Performance HVAC, you agree to submit any dispute related to this agreement to the exclusive jurisdiction of the state and federal courts located in Roanoke County, the Commonwealth of Virginia.
L. Waiver of any and all claims related to upload, storage, maintenance, and/or display of any uploaded photo(s); High Performance HVAC not liable for acts of third parties
By uploading any photo(s) for possible display by High Performance HVAC, you waive any and all claims against the High Performance HVAC, and any current, former, of future employee or agent of High Performance HVAC related to the upload, display, retention, and/or disposal of any uploaded photo(s), including, but not limited to, claims related to the loss or destruction of any uploaded photo(s) or for copyright infringement, invasion of privacy, defamation, or unlawful appropriation of any individual’s image or likeness.  You acknowledge that High Performance HVAC is not responsible for the acts of third parties related to any photo(s) uploaded by you, including re-display of any such photo(s) on or in any media and in any form.
M. Indemnification
By uploading any photo(s) for possible display by High Performance HVAC, you agree to indemnify and hold harmless High Performance HVAC and any current, former, of future employees, agent, or contractor of High Performance HVAC, or the Commission for any actions, claims, liabilities, damage, costs, or expenses resulting from your breach any provision of this Agreement.
N. Waiver and severability
Any failure to insist upon or enforce any provision of the Agreement shall not be construed as a waiver of any provision of this Agreement.  If any term or provision of this agreement is unenforceable for any reason, that portion is deemed severed and the remainder of the agreement shall remain in full force and effect.
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