Terms of Use of the PSD2HTML Contest

Your Acceptance

BY USING OR VISITING THIS WEBSITE OR SUBMITTING CONTENT TO THE PSD2HTML WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE OF THE PSD2HTML WEBSITE (the "Terms of Use"). The Terms of Use apply to all users of the Website. If you do not agree to these Terms & and Conditions, and the Privacy Policy, then please do not use the Website.

The PSD2HTML Website and Third Party Websites

The Terms of Use apply to all users of the PSD2HTML Website, including users who are also contributors of any image content, information, and other materials or services on the PSD2HTML Website. The PSD2HTML Website may contain links to third party websites that are not owned or controlled by PSD2HTML. PSD2HTML has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PSD2HTML will not and cannot censor or edit the content of any third-party site. By using the PSD2HTML Website, you expressly relieve and release PSD2HTML from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the PSD2HTML Website and to read the terms and conditions and privacy policy of each other website that you visit.

You agree to play by the rules

A. PSD2HTML hereby grants you permission and a license, and you agree to accept such permission and a license, to use the PSD2HTML Website as set forth in the Terms of Use, provided that: (i) your use of the PSD2HTML Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the PSD2HTML Website in any medium without PSD2HTML 's prior written authorization; (iii) you will not alter or modify any part of the PSD2HTML Website other than as may be reasonably necessary to use the PSD2HTML Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of the Terms of Use. This permission and license use of the PSD2HTML Website may be revoked at any time in PSD2HTML’s sole discretion.

B. PSD2HTML grants the operators of public search engines permission and license to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. PSD2HTML reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the PSD2HTML Website, nor to use the communication systems provided by the PSD2HTML Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the PSD2HTML Website with respect to their User Submissions. All website products, contests and services are void where prohibited by law.

Intellectual Property Rights

You always maintain the rights to your uploads.

PSD2HTML does not claim ownership of Content (as defined below) that you (hereinafter referred to as “User” or “you”) submit or make available for inclusion on the PSD2HTML Website. User affirms, represents and warrants that the User owns (and/or otherwise has the right to submit) the Content submitted or made available by the user on the PSD2HTML Website, and such ownership is retained by User at all times. With respect to Content you submit or make available for inclusion on publicly accessible areas and/or other areas of the PSD2HTML Website, you affirm, represent and warrant that you have the legal power and authority to, and do, grant to PSD2HTML, as well as PSD2HTML’s Partners and Sponsors (i) the right to display the Content on the PSD2HTML Website, (ii) the right to use the Content to promote the contest(s) or the Content (iii) the right to and (iv) the right to engage in all of the acts as set forth below, as applicable.

User Submissions

Your artwork may be selected to receive more exposure!

A. PSD2HTML may now or in the future permit the submission of designs, motion pictures, videos, other audio-visual works, literary works, and/or image files and/or other communications by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, PSD2HTML does not guarantee any confidentiality with respect to any submissions. You retain all rights to your work. By submitting your work here, you grant PSD2HTML, Contest Sponsors and Partners the right to display and/or to provide exposure to your design and/or other works anywhere including, without limitation, when your designs or other works are selected as winners of any contest, (i) to be displayed on PSD2HTML’s Website, (ii) to be displayed and used in connection with marketing, promotion and/or advertising of PSD2HTML contest on PSD2HTML’s Website, any other website, in social media and/or in any other form of media including publications, periodicals, communications, still images, video and/or television. All used designs and images are credited to whomever the designer is as represented by User. Any use of the images will be solely used in the context of promoting the contests’ submissions, the PSD2HTML Website, and Users in PSD2HTML’s sole discretion with no additional compensation owed to User, designer and/or any other person or entity.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize PSD2HTML to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by PSD2HTML on the PSD2HTML Website and the Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by PSD2HTML on the PSD2HTML Website and the Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to PSD2HTML, you hereby affirm, represent and warrant that you have the power and authority to, and do, grant to PSD2HTML an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to copy, store, display content to other users and visitors to the PSD2HTML Website, and to use in any way the entire contents of the User Submission and all portions and components thereof. This license grant incudes, but is not limited to, the right of PSD2HTML to use, distribute, reproduce, modify, adapt, publicly perform and publicly display all or any portion or component of the entire contents of the User Submission, including, but not limited to, for the purposes of providing and promoting the specific PSD2HTML Website or file to which such Content was submitted or made available. "Publicly accessible" areas of the PSD2HTML Website are those areas of the PSD2HTML Website that are intended by PSD2HTML to be available to the general public. By way of example, publicly accessible areas of the PSD2HTML Website would include PSD2HTML Message Boards and portions of PSD2HTML Groups, Photos and sharing that are open to members, users and visitors. However, publicly accessible areas would not include portions of the PSD2HTML Website that are limited to members, or World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by PSD2HTML.

You agree to upload only your own work.

C. In connection with User Submissions, you further agree, affirm, represent and warrant that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property, proprietary or other rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PSD2HTML all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage PSD2HTML or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; and/or (v) impersonate another person. PSD2HTML does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PSD2HTML expressly disclaims any and all liability in connection with User Submissions. PSD2HTML does not permit copyright infringing activities and/or infringement of intellectual property rights on PSD2HTML Website, and PSD2HTML will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's copyright and/or other intellectual property rights. PSD2HTML reserves the right, in its sole discretion, to remove User Submissions and/or any other Content, and close accounts, without prior notice. PSD2HTML will also terminate a User's access to PSD2HTML’s Website, if they are determined by PSD2HTML, in PSD2HTML’s sole discretion, to be suspected of being, or actually being, an infringer and/or to have otherwise violated the intellectual property rights, rights of publicity and/or name and likeness and/or other rights of any other person or entity. PSD2HTML also reserves the right to decide whether Content or a User Submission is appropriate and complies with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. PSD2HTML may remove such User Submissions and/or terminate a User's access for uploading such material in violation of the Terms of Use at any time, without prior notice and in its sole discretion.

D. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E. PSD2HTML may choose to provide resident or guest judging for specific contests, themes, challenges and other activities, the decisions of the Judges are final and binding on all matters relating to the selection of winners. The Finalists and any other winners will be judged on by the Judges' in their sole discretion. All User Submissions will be retained until eligible winners are chosen for all prizes. Once a User Submission or a User is deemed ineligible, however, the User Submission will be deleted and not further considered.

The PSD2HTML Content on the PSD2HTML Website

Except for User Submissions, all content on and/or used by the PSD2HTML Website, including without limitation, the text, software, scripts, graphics, designs, sounds, music, videos, compilations, interactive features and the like, and derivative works thereof ("PSD2HTML Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to PSD2HTML, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. PSD2HTML Content and User Submissions on the PSD2HTML Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of PSD2HTML and the respective owners of the User Submissions. PSD2HTML reserves all of its rights in and to the PSD2HTML Website and the PSD2HTML Content . You agree to not engage in the use, copying, or distribution of any of the PSD2HTML Content or User Submissions of third parties obtained through the PSD2HTML Website for any commercial purposes and/or any other purpose other than a purpose expressly permitted under the Terms of Use. If you download or print a copy of any of the PSD2HTML Content and/or User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the PSD2HTML Website or features that prevent or restrict use or copying of any of the PSD2HTML Content or enforce limitations on use of the PSD2HTML Website or the PSD2HTML Content therein. You may not harvest or collect information, including screen names, about other members or users of the PSD2HTML Website. The use of any information learned through your use of the PSD2HTML Website is limited to the express purposes set forth in these Terms of Use; all other uses not expressly permitted by the Terms of Use, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

Contests, User Rewards and Payments We are Nevada based but world wide friendly

You agree that all of the following terms and conditions will apply to your participation in all web design and other types of contests on the PSD2HTML Website:

A. PSD2HTML Contests Will Comply With Nevada Law

All PSD2HTML Contests on the PSD2HTML Website will be conducted in accordance with the laws of the State of Nevada. This means that all PSD2HTML Contests are real contests in which at least a majority of the participants will have failed to win, and all PSD2HTML Contests will comply with the following requirements:

  • The nature of the PSD2HTML Contest and number of contestants will be disclosed.
  • The exact nature and approximate value of prizes or items of value won by participants in each PSD2HTML Contest will be disclosed.
  • The deadline for submissions to each specific PSD2HTML Contest will be disclosed.
  • The opportunity to win a prize will not be conditioned on a minimum number of entries or contest participants.
  • PSD2HTML will keep detailed records of each PSD2HTML Contest for at least two years after all the prizes are awarded.
  • In addition, all PSD2HTML Contests will clearly and conspicuously disclose each of the following:
  • All rules, regulations, terms and conditions of each PSD2HTML Contest (if there are any in addition to those disclosed in the Terms of Use herein).
  • The maximum amount of money, including postage and handling fees, which a participant may be asked to pay to win each of the prizes offered.
  • The date(s) upon which the contest will terminate, and upon which all prizes will be awarded.
  • Whether future contests or tie-breakers, if any, will be significantly more difficult than the initial contest, and the method of determining prize winners if a tie remains after completion of the last tie breaker.

B. Verification Of Winners And Delivery Of Prizes

The method of selection, as well as the selection, of contest winners shall be determined by PSD2HTML in its sole discretion. The PSD2HTML team, deemed as resident judges/curators or any other assigned PSD2HTML team member, can (i) select the winners of any contest, or (ii) provide a preliminary list of finalists to any guest or exterior judge/curator, or PSD2HTML Partner to select the winners, including the grand winner and runners up, of a specific contest, (iii) solicit votes from Users of the PSD2HTML Website and/or any members of the public and declare winners based upon the number of votes obtained, and/or (iv) determine contest winners in any manner not prohibited by the laws of the State of Nevada. After judging, voting and/or any other method to select winners has finished, the potential winners will be notified in accordance with the contact information provided in their respective User Submissions by mail, courier, email or other method chosen by PSD2HTML, PSD2HTML’s Partners and/or the PSD2HTML’s Sponsors in its their discretion. PSD2HTML, any PSD2HTML Partner, or any PSD2HTML Sponsor reserves the right to verify winners collectively or one or more at a time, as it deems appropriate and expedient in its their discretion, and in whatever order it they chooses. To be confirmed as a winner and to be awarded the prize, the winning User will be required to confirm its ownership of the copyright and any other applicable intellectual property and/or other rights to the User Submission (“Required Confirmation”). Should a prize notification or prize addressed to a particular winning User be returned as undeliverable, PSD2HTML, PSD2HTML’s Partner and/or PSD2HTML’s Sponsor will not resend the notice (whether by the same or another method), research the winning User's address nor make any further attempts at delivery. That User will be deemed to have withdrawn from the PSD2HTML Contest and given up the User’s right to receive the prize notification or the prize. In the case that winner's User’s shipping address is located in a Country or area designated by PSD2HTML, PSD2HTML’s Sponsors and/or PSD2HTML’s Partners as undeliverable, they reserve their rights to provide a cash payment sent via Paypal of equal value of to the announced prize instead of the specific announced prize.

Winners will be announced after the Required Confirmation is received and the respective winners are confirmed. PSD2HTML, PSD2HTML’s Sponsors and/or PSD2HTML’s Partners reserves the right to announce prize winners collectively, one at a time, or in any order or clusters as it deems appropriate in their discretion, except that the winner of the Judged or Most Votes Prize will be announced within thirty (30) days of the date on which the Required Confirmation are received from such winner. Winners will receive their prizes within thirty (30) days of PSD2HTML, PSD2HTML’s Partner and/or PSD2HTML’s Sponsor announcement of the winners. The reward and prizes and/or any other rewards are subject to change at any time without notice in the sole discretion of PSD2HTML, PSD2HTML’s Partners and/or PSD2HTML’s Sponsors, to the extent and under the circumstances permitted by Nevada law.

C. Contest Entrant’s Release:

By entering the Contest, each User releases and holds harmless PSD2HTML, PSD2HTML’s Partners and/or PSD2HTML’s Sponsors and any participating prize providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Promotion Entities"), against any and all claims, demands and liabilities arising out of or relating to the Contest, User's (and each individual member of User's) participation in the Contest and/or any Contest-related activity, including, without limitation, from winner's use or misuse of a prize or any portion thereof. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize.

D. Payments from PSD2HTML to User

Payments from PSD2HTML to User will be implemented as a PayPal transfer. User must own a legitimate PayPal account in order to receive payment.

Indemnity

You agree to defend, indemnify and hold harmless PSD2HTML, its parents, subsidiaries and affiliates, officers, directors, members, managers, employees and agents, for, 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 and/or related to any of your acts or omissions in connection with the PSD2HTML Website, the PSD2HTML Content, User Submissions of others and/or User Submissions submitted by you, including, but not limited to: (i) your use of and access to the PSD2HTML Website; (ii) your violation of any term of the Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party, (v) the PSD2HTML Website, (vi) PSD2HTML's third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property, electronically stored information, and/or documents, (vi) any and all User Submissions, and/or (vii) any and all goods or services you sell or otherwise transfer using the PSD2HTML Website. This defense and indemnification obligation will survive the Terms of Use and your use of the PSD2HTML Website. PSD2HTML contest page is a platform designed for storage and sharing of designs, image files and other types of files, and users are responsible to always maintain an original copy of any submitted design, image file or other type of a file in case of a complete loss.

Ability to Accept Terms of Use/No Use For Children Under 13

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the PSD2HTML Website is not intended for children under 13. If you are under 13 years of age, then please do not use the PSD2HTML Website; there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PSD2HTML without restriction.

General

You agree that: (i) the PSD2HTML Website shall be deemed solely based in Nevada; and (ii) the PSD2HTML Website shall be deemed a passive website that does not give rise to personal jurisdiction over PSD2HTML, either specific or general, in jurisdictions other than Nevada. These Terms of Use shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Any claim or dispute between you and PSD2HTML that arises in whole or in part from the PSD2HTML Website shall be decided exclusively by a court of competent jurisdiction located in Nevada. These Terms of Use, together with the Privacy Notice, any applicable contest rules, and any other legal notices published by PSD2HTML on the PSD2HTML Website, shall constitute the entire agreement between you and PSD2HTML concerning your use of the PSD2HTML Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PSD2HTML's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. PSD2HTML reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the PSD2HTML Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND PSD2HTML AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PSD2HTML WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.