Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. The site name 'Zopler' referred to herein includes it's parent company and subsidiaries.
By registering an account with Zopler, you become a 'member'.
By posting written or graphical content to Zopler, you become a 'contributor'.
Content Submitted Or Made Available For Inclusion On The Service
By submitting content to the site you are granting Zopler a worldwide, Non exclusive license to use the content and are representing and warranting to Zopler that the content is owned or duly licensed by you, and that Zopler is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.
In consideration of Zopler's agreement to allow you to post Content to the Site and Zopler's agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Zopler as follows:
You acknowledge that:
- By uploading your photographic or graphic works to Zopler you retain full rights to those works that you had prior to uploading.
- By posting Content to the Site you hereby grant to Zopler a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
- The license granted to Zopler includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, printed material, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Zopler by you;
- Zopler makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Zopler does not restrict the ability of users and visitors to the Site to make copies of Content posted on the Site and you hereby expressly authorize Zopler to permit users and visitors to the Site to make such copies of your Content; and
- Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
You represent and warrant that:
- You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
- You have the full and complete right to enter into this agreement and to grant to Zopler the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Zopler of the Content as contemplated herein; and
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Zopler, all of which such rights are hereby expressly and irrevocably waived by you in favour of Zopler.
Any breach of this Agreement will result in the immediate termination of membership, removal of offending content, and you may be liable to litigation by 3rd parties for such breaches.
You release Zopler from any liability associated with your membership or contribution to this website and you agree to defend, indemnify and hold harmless Zopler, its parent corporation, subsidiaries, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to Zopler website; (ii) your violation of any term of these policies; (iii) any violation within your contributions or posts of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim from any third party relating to or arising from your contribution; or (v) any claim that your contribution violates any law, rule or regulation. This defense and indemnification obligation will survive the termination of the service, changes to these policies and your use of the Zopler website.
By registering for membership with Zopler, whether you have contributed or not, you explicitly agree to these Terms.