ABBA Original Photo Agreement
Valid from 14 July 2010.
Introduction
This document (“the Agreement”) constitutes a legally binding agreement and it comprises the terms that govern the entrants (“the Entrant”) submission to the ABBA Original Photo collection and competition (“ABBA Original Photo”). ABBA Original Photo is provided by Polar Music International AB, P.O. Box 55777, 114 83 Stockholm, Sweden (“the Company”).
ABBA Original Photo is available on the webpage www.abbasite.com.
The word “Submission” shall in this Agreement be understood as all photos, images, texts and similar that is submitted to ABBA Original Photo.
2. Terms for accessing
ABBA Original PhotoThe Entrant is required to have read and accepted the terms in the Agreement before the Entrant may access and upload photos to ABBA Original Photo.
3. The conclusion of the Agreement
By choosing/clicking the “By uploading my Submission, I consent to give the Company a royalty-free, perpetual, non-exclusive license to use my Submission in any media for advertising, promotional or marketing purposes.” option the Entrant confirms that:
- the Entrant is at least 18 years old, alternatively that the Entrant has received the permission by its parent or fiduciary to enter into the Agreement,
- the Entrant warrants that no Submission under this Agreement is an infringement of any other persons or entity’s copyright. Should a claim for damages be directed against the Company, due to such an infringement, or due to any other breach of the Entrant’s warranties according to this Agreement, the Company shall be indemnified for such payments of damages by the Entrant.
- all contact details as well as other information registered by the Entrant are correct and complete,
- the Entrant accept that the Company uses the contact details to communicate with the Entrant for example the Official ABBA Newsletter, and
- the Entrant accepts the terms comprised in the Agreement.
4. Intellectual Property Rights
The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. The Submission must not contain images or artwork not created by Entrant. The Submission must not contain material that e.g. is inappropriate, indecent, obscene. Uploading a Submission constitutes Entrant's consent to give Company a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for any lawful purpose, including without limitation, for advertising, promotional or marketing purposes. If requested, Entrant will sign any documentation that may be required for Company or its designees to make use of the non-exclusive rights the Entrant is granting to use the Submission.
5. Winner Requirements
Potential winner will be notified by email or phone on or around August 31, 2010. Company and its designees may use the winner's name, city, state, Submission for any lawful purpose, including without limitation, for promotional, advertising, or marketing purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without payment, notification, permission or other consideration, except where prohibited by law.
The Entrant and winner accept and acknowledge that the Company shall not be obligated to use the Submission and that Company in its sole discretion shall have the right to refrain from using the Submission. Company shall not incur any liability whatsoever to the extent Company chooses to refrain from any exploitation of its rights hereunder.
6. Technical limitations and adjustments of ABBA Original Photo
The Company will do its best in order to keep ABBA Original Photo running, however it is possible that technical errors or problems or maintenance at times will lead to temporary disruptions. The Company reserves the right to at any time, temporarily or permanently, change or close down functions and capacities concerning ABBA Original Photo with or without warning of this occurring.
7. Advertisements
By entering into this Agreement the Entrant accepts that the Company and its business partners are granted the right to provide the Entrant with advertisements and other information in connection with ABBA Original Photo.
8. Customer support
Should the Entrant have any questions regarding ABBA Original Photo or the Agreement the ABBA Original Photo Support may be contacted at info@abbasite.com.
9. Assignment
The Company is granted the right to assign the Agreement and any right granted in whole or in part and without any restrictions. The Entrant is not permitted to assign the Agreement to a third party in whole or in part.
10. Treatment of personal data (integrity)
The Entrant consents to the Company collecting and treating the Entrant’s personal data. The Company will treat the Entrant’s personal data in accordance with the Personal Data Act (1998:204) (Sw. Personuppgiftslagen). Personal data will also be handled for the purpose of provision 7 in the Agreement. The Entrant’s personal data will only be dispensed to a third party if it is necessary for the Company to fulfill the Agreement with the Entrant, or if the dispense of the personal data is prescribed by law.
The Entrant has the right to demand
- information of what personal data that is handled,
- correction of erroneous personal data, and
- that direct marketing is blocked, by contacting Polar Music International AB at P.O. Box 55777, 114 83 Stockholm, Sweden or via e-mail at info@abbasite.com.
11. Compensation following the Entrant’s breach of the Agreement and violation of laws
The Entrant accepts that it will compensate and indemnify the Company and its officials, executives, employees and licensors from any claims or demands (including but not limited to certain legal fees) made by a third party on grounds of or following the Entrant’s breach of any of the terms of the Agreement or of laws, statutes or third party rights.
12. Term of contract and termination
The Agreement is entered into and will come into effect when the Entrant, according to provision 3, accepts the Agreement. The Company reserves the right to terminate the Agreement or disqualify the Entrant’s Submission at any point in time when it can be suspected that unallowable or unauthorized use of ABBA Original Photo has taken place. If the Company terminates the Agreement or disqualifies the Entrant’s Submission, the Company cannot be held liable against the Entrant.
13. The entire Agreement
The Agreement comprises all the terms agreed between the Entrant and the Company and will replace all previously existing agreements that may exist, no matter if these were in writing or oral agreements.
14. The provisions of the Agreement
If, for any reason, any provision in this Agreement should be declared wholly or partially invalid or non-applicable this shall not in any case entail the invalidity of the remaining provisions in the Agreement. Any provision declared partially invalid shall be applied to the furthest extent possible in accordance with Swedish law.
15. Amendments of the terms/the Agreement
The Company is entitled to amend the existing terms by announcing an updated version on the ABBA Original Photo webpage.
16. Disputes
The Agreement has been entered into and shall be applied in accordance with Swedish law. Disputes should be settled on friendly terms. In the event the parties cannot agree a dispute arising from the Agreement shall be settled by a general court of law and The Stockholm District Court shall be the first instance.