Photo Submission Policy and Agreement
J!NX welcomes and accepts Photo submissions from customers and the public, and offers rewards and coupons in exchange for some such submissions, but only pursuant to the terms set forth in this agreement. J!NX WILL NOT ACCEPT ANY SUBMISSION UNLESS THE SUBMITTER EXPRESSLY AGREES TO THE TERMS OF THIS AGREEMENT.
The person below (the "Submitter") desires to submit a photograph (the "Photo") to J!NX for J!NX to possibly use and display in its advertising, marketing, or other efforts.
The parties understand and acknowledge as follows:
1. J!NX is under no obligation to accept or use any Photo, in any way.
2. J!NX absolutely prohibits the submission of the following photos: Images that are copyrighted or trademarked, Advertisements, Photos with any contact information (URL, Phone #s, E-Mail, Names, Addresses, etc.), text messages, photos taken from other websites, or any other content that is obscene, private, confidential, or proprietary. By submitting a Photo, Submitter is representing to J!NX, and assuming sole responsibility that the Photos are Submitter’s sole and original work, and that nobody else has the rights to use the Photo.
3. J!NX does not invite, nor will it knowingly accept any submission if the submitted Photo or any information contained in the Photo is considered by Submitter or a third party to be confidential, private, or proprietary. Thus, the Submitter expressly warrants that any submission of Photo is not confidential, private, or proprietary. In the event any third party makes any claim against J!NX relating to its possession, use, or transfer of the Photo, Submitter agrees to defend and indemnify J!NX against such claims. The Submitter expressly waives and releases any claim that it could have against J!NX for J!NX’s possession, use, or transfer of the Photo.
4. J!NX is not liable for the loss or destruction of the Photo. Submitter expressly warrants that it has retained at least one copy of the Photo, and hereby releases J!NX from any and all liability for loss of or damage to the copy or copies of the Photo it submits to J!NX.
5. By submitting a Photo to J!NX, Submitter is irrevocably assigning to J!NX (and only J!NX) ALL rights to the submitted Photos, without any further compensation. J!NX will own all submitted Photos, and can do whatever they want with the Photos.
6. By submitting a Photo to J!NX, Submitter is giving J!NX the irrevocable right to use the Photo, and Submitter’s likeness and identity to promote or publicize J!NX's products.
7. Submitter expressly represents and warrants that it has not submitted the Photo, nor any similar Photo to any other party.
8. Photo Guidelines: Submitted Photos must clearly show some article of J!NX clothing. Photos must show Submitter’s face, and CANNOT be blurred out or censored in any way. Photos cannot visibly show any other brands, logos, or any copyrighted content. Photo WIDTH and HEIGHT must be equal to 371 pixels. Maximum file size is 500 KB, and J!NX only accepts JPEG files.
9. J!NX will review each submitted Photo before it is made available to the public. J!NX reserves the right to reject, edit or modify any photos submitted to J!NX, for any reason. Submitter will NOT be notified if his or her Photo was denied.
10. Submitter hereby acknowledges and agrees that there are no prior or contemporaneous oral or written agreements in effect between Submitter and J!NX pertaining to the Photo submitted hereunder or any other material. This written agreement is the sole expression of the relationship between J!NX and Submitter. Any modification to this agreement must be done in writing. Submitter agrees that no oral representations of any kind have been made to Submitter.
11. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of law rules, and any action relating to this Agreement or its enforcement shall only be brought in a state or federal court in San Diego, California. In the event that any provision hereof is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms.
12. Submitter certifies that Submitter has read this Agreement and that Submitter understands it. SUBMITTER UNDERSTANDS THAT J!NX IS RELYING UPON THIS AGREEMENT IN AGREEING TO ACCEPT SUBMITTER'S SUBMISSION OF THE PHOTO AND WOULD NOT ACCEPT SUBMITTER'S PHOTO WITHOUT IT.