TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) govern access to and use of this competition website (“Site”) by you, whether as a guest, registered user, and/or entrant into the Event (“You”). By accessing or using the Site and/or accepting these Terms when this option is made available to You, You accept and agree to be bound and abide by these Terms.

1. USER CONDUCT:

This competition website (“Site”) is designed to create an online, Internet-based forum for purposes of promoting, displaying, participating in, transmitting, publicizing, and conducting “Architecture at Zero,” a Design Competition for Decarbonization, Equity and Resilience (“Event”) conducted by The American Institute of Architects California (the “AIA California”). You agree to use this Site lawfully. You represent, warrant and agree that no you own and have the right to license all materials You submit, upload, provide, share, publish or display (“Post”) to or through the Site, to fulfill competition requirements, including without limitation text, data, information, images, graphics, drawings, photographs and renderings and further including Your name, likeness, and any biographical material about You (collectively, “Content”), and that no such Content infringes upon any personal or proprietary rights of a third party. Said rights include, but are not limited to, those granted by copyright, trademark, patent or privacy laws or any other legal protection granted under either state or federal law and found in statutory or common law.

You may not copy, reproduce, modify, download, transfer, create derivative works from, publish, display, or save any Content from the Site that Yyou do not own or have permission to do so.

In the event Yyou become aware of any potential third party claim relating to Content Pposted by You, You shall notify AIA California within 24 hours of becoming aware of such claim at mail@aiacalifornia.org. AIA California shall have the right to remove any Content Pposted by You for any duration of time.

2. USER MATERIALS:

By way of your participation participating in this Event and Posting Content to the Site, You grant a perpetual, fully transferable, fully assignable license (“License”) to AIA California, with the right to grant sub-licenses, to take, use, publish, reproduce, display and distribute (collectively, “Use”) your Content provided for the purposes of advancing decarbonization, equity and resilience concepts, knowledge, and expertise which may be done by way of electronic and printed publications, educational events and other forms of public display and dissemination.

By granting this perpetual Llicense, You (i) acknowledge that the Site may be accessed on the Internet for an unlimited time period, with all Content posted by You also remaining on the Site.; (ii) authorize AIA California and its successors, assignees, transferees and licensees to Use Content posted by You, or any part thereof, may also be used for the above-described purposes, as well as for purposes of promoting, planning and conducting future Events; and (iii) agree that such Use by AIA California, its successors, assignees, transferees and licensees may be in any medium whatsoever, including social media, and that there is no time limit or geographical limitation on such Use. You warrant and represent that the Use of your Content by AIA California, its successors, assignees, transferees or licensees in accordance with this License will not infringe or violate the rights of any person.All present and future licensees and /or assigns to your Content shall also be bound to the preceding terms.

The undersigned entrant You agree that You grant the foregoing License without expectation of any royalty or other compensation of any kind from AIA California or its successors, assignees, transferees or licensees. hereby releases to and authorizes the AIA California to publish the entry or any part thereof in any medium, including the World Wide Web. You also agree that AIA California will does not assume responsibility for any copyright or photographic fees. 

All present and future licensees and /or assigns of your Content shall also be bound to the preceding terms.

3. DUTIES:

AIA California assumes no responsibility for Content posted by You. Back up copies of Content are the sole responsibility of You, at Yyour own expense and cost.

AIA California does not verify or make any claims as to the ownership or authorship of any Content provided by a user of this Site. AIA California does, however, respect the proprietary rights of others. In the event You feel a third party user of the Site has infringed upon any of Yyour rights by posting Content or any other material on the Site, please notify AIA California immediately and AIA California will, at its discretion, remove the Content at this issue.

AIA California shall have the right to arrange and configure Content posted by You in a manner that is consistent with providing a fair and equal opportunity for each of the entrants of the Event to display their Content. Under no circumstance shall You take any action against AIA California for claims of impropriety relating to the conducting, judging, organizing, management, and running of the Event for which the Site has been created.

4. INDEMNITY:

You hereby release, discharge and agree to indemnify and hold harmless AIA California, and each of its officers, directors, agents, employees, contractors and partners from and against any claims, actions, or demands, damages or liabilities made or incurred by third parties, and any ensuing fees or costs, including reasonable attorney’s fees, relating to Yyour use of this Site, Content posted by You on this Site, or any behavior by You relating to this Site, or the Use of your Content by AIA California and its successors, assignees, transferees and licensees in accordance with the License granted hereunder.

5. DISCLAIMERS:

AIA California is not liable for the activities and conduct of any user of this Site. Any copying, downloading, displaying, reproduction and publishing of Content performed by a third party and/or user of this Site is neither monitored nor regulated by AIA California.

The Site may be temporarily unavailable for maintenance or any other reason. AIA California will use its best efforts to restore service of the Site but under no circumstance will AIA California bear the responsibility for any error, omission, interruption, deletion or defect stemming from such interruptions in service of the Site. AIA California and will also bear no responsibility for any loss or damage, including loss or damage to Your Content that may be directly or indirectly related to any service disruption.

This Site and any services provided by AIA California related to this Site is are performed and provided “as-is” and AIA California disclaims all representations and warranties, whether express or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The company AIA California does not represent or warrant that software, content on this Site, or any service provided by AIA California are accurate, complete, reliable, current or error-free or that the Site is free of viruses or other harmful elements. You understand that downloading of Content from this Site is done at Yyour own risk and that You bear the sole responsibility and cost of employing common practices such as employing standard software used for the detection and removal of viruses.

AIA California and its directors, officers, employees, or partners assume no liability to You, or anyone else for any indirect, consequential, exemplary, incidental, special or punitive damages including any lost profits arising from Yyour use of the Site. Notwithstanding the preceding disclaimers and limitations on liabilityWithout limiting the generality of the foregoing, in no event will AIA California will never be liable to You in connection with the Content or your use of the Site for any amount exceeding $250.00.

6. JURISDICTION:

By using the Site, You are submitting yourself to the laws and jurisdiction of California. Should You initiate any claim or action against AIA California, You shall must do so only in either the state or federal courts of San FranciscoSacramento, California. Any defenses You may have relating to lack of personal jurisdiction with respect to venue and jurisdiction in the state and federal courts of Sacramento, California shall be are hereby waived by You.

7. MISCELLANEOUS:

If any term or provision of this Agreement these Terms is found to be unenforceable under law said term or provision is severable from this Agreementthese Terms; the remaining terms and provisions shall remain in full force and effect.

This Agreement represents the entire agreement between You and AIA California. Any and all prior agreements relating to your use of this Site shall be deemed null and void.[CHG1] 

Should AIA California fail to enforce any provision under this Agreementthese Terms, such inaction shall NOT constitute a waiver of said provision in any instance.

8. AIA CALIFORNIA TEAM LEGAL DISCLAIMER:

The undersigned As an entrant into “Architecture at Zero: a Design Competition for Decarbonization, Equity and Resilience”the Event, You hereby accepts and acknowledges that they has You have no right, contractual or otherwise, to be recognized as an awards winner until so notified. Event winners are determined and prizes are awarded at the sole and absolute discretion of the Jury.

The undersigned entrant You further hereby accepts and acknowledges that the Jury’s decisions in selecting the awards winners are final and non-appealable. The undersigned entrant You will indemnify AIA California and will hold them harmless from, against and in respect of any and all liabilities, damages, losses, deficiencies, costs, judgments, amounts paid in settlement, interest, penalties, assessments and out-of-pocket expenses (including attorneys’ fees and the costs of AIA California) incurred in connection with or arising out of the defense of or any proceeding with respect to any claims, whether accrued, contingent or otherwise incurred in connection with or arising out of the entrant’s Your entry into the Architecture at Zero: a Design Competition for Decarbonization, Equity and ResilienceEvent.

9. CONFLICT OF INTEREST

In submitting an entry to this competition, You acknowledge that neither You and nor any member of the submission Team is a:

·  Staff member of AIA California

·  Staff member of a firm that employs a member of the Architecture at Zero Design Competition Jury

(Margie asks Nicki: you allow AIA CA Board members to submit for Design Awards, right?   Thus it would be ok for someone from one of their firms to submit?)

 [CHG1]Is this really the case? If there are other rules that govern use of the Site or participation in the competition then you would want to reference those too.