Terms & Conditions
Welcome to www.maltaphotoaward.com, a web service dedicated to the presentation of the Malta International Photo Award (MIPA) Competition and the discovery of contemporary photography and related art forms and services worldwide.
MIPA’s site is operated and provided by Malta International Photo Award Ltd, a company registered in Malta with the registration number C 86831 ("We," "Us," or "MIPA").
BY COMPLETING THE REGISTRATION PROCESS, OR USING THE MIPA WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. General
Malta Photo Award Ltd. may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on maltaphotoaward.com. By using this site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
2. Personal Data Protection & Privacy Policy
2.1. MIPA processes, uses and stores personal data provided by you upon submission of the photo series or any other content only the duration of the competition in order to properly implement and manage the competition.
2.2. Neither MIPA nor any third party will use such data for any other purposes without the prior express written consent of a participant.
2.3. All personal data of the participants will be processed and used by MIPA in full compliance with the Maltese and European data protection laws.
3. Description of Service
MIPA provides Users with a variety of online services, including but not limited to:
MIPA-GENERATED CONTENT, including articles, blog entries, and Curator's Picks features.
USER-GENERATED CONTENT. Uploaded photography, text and multimedia content developed and owned by creative professionals.
ONLINE EVENTS and SEMINARS
PUBLIC EVENTS
LINKS TO GRANTS, FELLOWSHIPS, SCHOLARSHIPS, AWARDS; COMPETITION
LISTINGS OR RELATED CONTENT
4. Content
4.1. You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the MIPA, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page.
4.2. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. You agree to not post anything to which you do not have the rights. MIPA does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will MIPA be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
5. User's Grant of Limited License
5.1. By communicating with Malta International Photo Award Ltd., including submitting or sending Photos, content, correspondence or other information or material to MIPA ("Your Content"), you grant Malta International Photo Award Ltd. a limited license, for the period of time your Content is published in MIPA’s systems, to display the work royalty-free, unrestricted, and world-wide, across current and future sites of MIPA, in search results, and in MIPA-powered Projects, Categories and Features.
5.2. In some instances, media must be reformatted for display and incorporation into MIPA’s galleries. As such, during this limited license, you allow MIPA to reproduce, modify, publish, translate, distribute, perform and display your Content (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating Content, in whole or in part, into a MIPA feature or in promotional or marketing materials (attributed properly to the artist).
5.3. MIPA will NEVER assume ownership of your work, and the artist's copyright settings, as selected by the artist, will remain associated with each published project. Work submitted to MIPA remains owned by the artist, under the artist's selected copyright settings, and artists decide whether or not to sell their work to third parties. MIPA does act as an intermediary in selling creative work through its online shop, but this is an optional choice available to photographers and will only happen through a specific agreement between MIPA and the photographer. However, if the content does rank in the top 10, it will be included in the original MIPA publication as per prizes listed on the website. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content. You acknowledge and agree that the display or inclusion of your Content shall be in the sole discretion of MIPA and your Content may or may not be included on the MIPA website for any reason or no reason at all.
6. User Conduct
You acknowledge and agree:
6.1. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and⁄or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Malta International Photo Award Ltd. reserves the right to reject any of your Content and to terminate your right to use the Site and refuse any and all current or future use of the Services. Further, Malta International Photo Award Ltd. reserves the right to reject any of your Content and to terminate your right to use the Site and refuse any and all current or future use of the Services for any reason whatsoever.
6.2. without limitation of the foregoing, not to use the Site or Services to submit any Content regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
6.3. that Malta International Photo Award Ltd. is not responsible for material submitted to MIPA or posted to the Site by Users. Malta International Photo Award Ltd. and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that in MIPA’s judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate.
6.4. that MIPA is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof.
7. Payments
7.1. Payments per PayPal are possible. Kindly visit the PayPal website to view the list of countries in which PayPal is supported.
7.2. Payments per MasterCard credit and debit cards are possible. Kindly be advised that payments by cards originating from the following countries are not possible and will be declined by the operating bank:
Afghanistan, Algeria, Bahrain, Bosnia and Herzegovina, DPRK North Korea, Ethiopia, Iraq, Iran, Kuwait, Lebanon, Libya, Nigeria, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, South Sudan, Sudan, Syria, Uganda, Vanuatu, Yemen – (Some of these countries can make payments with PayPal instead).
7.3. All MIPA fees are inclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties inclusive of Maltese VAT, if applicable.
7.4. All entry and evaluation fees paid to participate in this award are final and non-refundable. Once a submission is entered into the award and entry fees are paid, these cannot be changed and are final.
8. Cancellation & Termination
8.1. You are solely responsible for properly cancelling your subscription. You can cancel your subscription in MIPA under your account section.
8.2. You can cancel at any time, but you will remain liable for all charges accrued up to that time.
8.3. MIPA reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We reserve the right to delete all Content associated with your account.
9. Modifications to Service
Malta International Photo Award Ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MIPA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. Indemnification
10.1. Upon a request by MIPA, you agree to defend, indemnify and hold Malta International Photo Award Ltd., its affiliates, officers, directors, employees,
representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party).
10.2. Malta International Photo Award Ltd. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MIPA in asserting any available defense.
11. Disclaimer of Warranties
11.1. The MIPA website and services are provided “as is”, “where is” and as available without warranty of any kind, either express or implied.
Without limitation of the foregoing, MIPA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, specifically disclaim any and all warranties, including, but not limited to:
(1) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the
content of the web site or services; and
(2) any warranties of title, non-infringement, merchantability, security, or fitness for a particular purpose.
11.2. This disclaimer of liability applies to any damages or injury caused by the website, including without limitation as a result of:
(1) any error, omission, deletion or defect in the content, or
(2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action.
11.3. MIPA does not warrant or guarantee:
(1) that any portion of the web site will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or
(2) that access to the web site will be uninterrupted or error-free.1.4 applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
11.4. Special notice:
The linked sites may contain content and graphics that contain sexually explicit material unsuitable for minors, or that may otherwise be offensive. If you enter these linked sites, you assert that you are of legal adult age in your jurisdiction to view such materials and that the viewing, reading, and/or downloading of content from these linked sites does not violate the community standards of your locality, city, town, county, state, province, country or other community to which you belong, and/or from which you access these linked sites.
12. Limitation of Liability
12.1. in no event will Malta International Photo Award Ltd., its sponsors, advertisers, affiliates, officers, directors, employees, representatives,
successors and assigns, be liable to any party:
(1) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the availability,
use, reliance on, or inability to use the web site, even if MIPA or its agents shall have been advised of the possibility of such damages, and
regardless of the form of action, whether in contract, tort, or otherwise; or
(2) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the web site.
Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, you agree to waive and discharge all claims, release Malta International Photo Award Ltd. from all liability and indemnify and hold harmless MIPA, its subsidiaries, affiliates, parent company, officers, agents, and other partners and employees, from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any events or activities. You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators and assigns, and includes any minors accompanying the user at the events.
12.2. because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Malta International Photo Award Ltd.’s liability shall be limited to the extent permitted by law.
13. Restrictions of MIPA Responsibility
13.1. You acknowledge that MIPA and its partners assume no responsibility and are not liable for any image misuse.
13.2. MIPA assumes no responsibility for any incorrect, inaccurate or incomplete information, whether caused by website users or by any of the equipment or
programming associated with or utilized in the Competition, and MIPA assumes no responsibility for technical, hardware or software failure of any kind, for lost
network connections, garbled computer transmissions, other problems or technical malfunctions with regard to the Competition. MIPA assumes no responsibility for any error, omission, corruption, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries.
13.3. MIPA is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, computer equipment, software, failure of any e-mail addressed to MIPA on account of technical problems, human error or traffic congestion on the internet or any website, or any combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials in the Competition.
13.4. If for any reason a contestant’s photograph cannot be viewed or is not capable of running as planned, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failures, MIPA assumes no responsibility.
13.5. In no event will MIPA, its members, partners or its officers, directors, employees, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, special or punitive damages arising out of any contestant’s access to and use of the website and participation in the competition. Without limiting the generality of the foregoing, everything on the Website is provided “as is”, without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for purpose or use or non-infringement.
13.6. You agree to participate in related publicity and to the use of your name and winning images for the purposes of advertising, promotion and publicity for MIPA and the Competition without additional compensation. Such requests will not be unreasonably withheld.
14. Applicable Laws/Jurisdiction
14.1. You agree to comply with all local rules and laws regarding data protection, online conduct and acceptable Content.
14.2. Notwithstanding local rules or laws regarding your submissions to MIPA and your use of the MIPA website, you agree that the laws of Malta shall govern these Terms and Conditions and any disputes whatsoever arising from your participation in any projects or activities of MIPA.
14.3. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the Republic of Malta.
14.4. The recourse to courts concerning any jury decisions in relation to the selection process which submissions will be granted any awards under the MIPA regime are excluded.
15. Miscellaneous
15.1. Any inquiries concerning these terms and conditions of use should be directed to us through our contact form.
15.2. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
15.3. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or bligations under these Terms and Conditions. Malta International Photo Award Ltd. may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.