("OldMadison.com") has established the web site "www.oldmadison.com/gallery" (the "Photo Gallery") to receive Madison-related photo images (the "Images") from individuals (the "Image Authors") and to display and make those Images available to visitors to the web site (the "Image Viewers"). This PHOTO GALLERY AGREEMENT (the "Agreement") confirms the terms and conditions upon which an Image Author may submit Images to the Photo Gallery and the terms and conditions upon which an Image Viewer may use Images taken from the Photo Gallery.

BEFORE ACCESSING THE PHOTO GALLERY, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY SUBMITTING IMAGES OR CLICKING ON THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT AND THOSE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT OR ACCESS IMAGES IN THE PHOTO GALLERY.

1. Images. All Images submitted to the Photo Gallery must be Madison-related. OldMadison.com will have complete discretion as to whether and how long an Image is displayed in the Photo Gallery. OldMadison.com reserves the right to alter any Image submitted for the Photo Gallery.

2. Agreements of Image Authors. An Image Author has the right from at any time to submit one or more Images for display in the Photo Gallery. By submitting an Image to the Photo Gallery, the Image Author grants to OldMadison.com a perpetual non-exclusive, royalty-free and irrevocable right to place that Image in the Photo Gallery and to use, reproduce, copy, publish, display, distribute, adapt, modify or otherwise exploit that Image and to incorporate that Image in other works and to sell, license or otherwise commercially utilize that Image. By submitting an Image to the Photo Gallery, the Image Author warrants to OldMadison.com that: the Image Author has read and is bound by the terms of this Agreement; the Image Author is at least 18 years old and is a photographer; the Image Author owns and has the legal right to submit the Image to the Photo Gallery and to grant to OldMadison.com the rights to the Image described in this Agreement; the Image Author has obtained all required releases from any persons who are recognizable in the Image and from any persons who have provided any materials appearing in the Image; OldMadison.com's copying, publishing, displaying or otherwise utilizing the Image will not infringe upon the rights of any other party; the Image Author waives any rights of attribution, integrity or otherwise with respect to OldMadison.com's copying, publishing, displaying or otherwise utilizing the Image; the Image Author agrees that OldMadison.com may use the Image Author's name in publicity or advertising of the Image without compensation to the Image Author; and the Image Author recognizes that OldMadison.com has no liability for any unauthorized use of the Image by third parties.

3. Agreements of Image Viewers. An Image Viewer has the right at any time to access, view, store or reproduce any Image displayed in the Photo Gallery for that Image Viewer's personal use. An Image Viewer may not, however, publish, display, sell, license or otherwise commercially utilize any Image obtained from the Photo Gallery or incorporate that Image in any other works. The Image Viewer acknowledges that OldMadison.com is not responsible for the content of any Images and will not be responsible if the Image Author who submitted an Image to the Photo Gallery was not authorized to do so.

4. Indemnification. Each individual accessing the Photo Gallery (whether as an Image Author or an Image Viewer) will indemnify and hold OldMadison.com harmless from any loss, liability, damage or expense (including attorney fees) suffered or incurred by OldMadison.com as a result of a breach of his/her warranties or commitments in this Agreement.

5. Discontinuance or Change of Photo Gallery. OldMadison.com reserves the right, in its discretion, to modify or discontinue the Photo Gallery at any time for any reason.

6. Modification of Terms and Conditions. OldMadison.com reserves the right, in its discretion, to modify the terms and conditions of this Agreement at any time by posting such modifications in the Photo Gallery. Any Image Author who thereafter submits an Image to the Photo Gallery and any Image Viewer who thereafter accesses the Photo Gallery to view Images will be bound by such posted modifications.

7. Applicable Law Jurisdiction. This Agreement is being made under and will be interpreted in accordance with the laws of the State of Indiana. The exclusive jurisdiction and venue for any action to interpret or enforce the terms of this Agreement shall be a State or Federal Court in the State of Indiana and OldMadison.com and each Image Author and each Image Viewer expressly consents to that exclusive jurisdiction and venue.      Go back!