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DISCLAIMER

Material Submitted by Users

Adsert Web Solution Pvt. Ltd. organizes/supports various awards contests for excellence inter alia, in the fields of advertising, marketing and media. As part of the nomination and award process, Adsert encourages users to digitally submit their entries onwww.exchange4media.com. By submitting your work/entries/ideas or any other data (“Submissions”) or authorizing a third party to do so on your behalf, you:

1. agree to be bound by the terms and conditions of use of www.exchange4media.com in this regard, including any additional terms applicable to the awards contest(s) in respect of which the Submission has been made;
2. confirm that you meet all eligibility requirements for the awards contest(s) in respect of which the Submissions has been made;
3. warrant and represent that you are the sole author and/or creator of the Submission and/or hold the exclusive intellectual property rights therein at the time of submission thereof, that your Submission does not violate any applicable laws, and that you have no reason to believe that your Submission infringes or violates any intellectual property rights of a third person. In the event the Submission contains any material or elements that are not owned by you and/or which are subject to the rights of third parties, including but not limited to intellectual property rights, if any, you will be under an obligation to procure any and all declarations, undertakings and/or consents necessary from the actual owner/author/developer/creator, to permit the submission of the Submission without additional compensation. Failure to provide such declarations, undertakings and/or consents or discovery by Adsert in future that submission of any Submission was unauthorized in terms of this Clause, would result in disqualification/rejection of such Submission from the award process;
4. explicitly grant Adsert, its licensees, affiliates, partners, subsidiaries, agents, employees, sponsors and its assigns (collectively referred as “Authorized Parties”) without any credit or compensation to you, an irrevocable, worldwide, royalty-free, and non-exclusive license, to use, reproduce, copy, scan, edit, distribute, publish, translate, publicly display and create a derivative work from the Submissions for the purposes of publishing award results, propagating the awards contest(s), advertising, exhibitions, screenings, marketing, broadcasts and promotion whether in print or media now known or hereafter created, including but not limited to publication in journals, catalogs, books, brochures, blogs, and websites, at Authorized Parties’ discretion, without consideration or notification to, or permission from, you, and for this purpose, you undertake to indemnify and keep the Authorised Parties and their respective directors, employees, assigns, agents, members etc. fully indemnified, at all times from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision legal costs of a solicitor firm) awards, damages, losses, claims or liabilities of any third party for, including without limitation, any infringement of any intellectual property rights or otherwise, arising as a result of use, publication, distribution, etc. of the Submissions in any manner whatsoever. In the event there is a claim or objection made by any third party, court or any other judicial and non judicial authorities on any matter or aspect pertaining to the Submissions published, distributed or used by Adsert in terms hereof, or in respect of its intellectual property for any reason, then any and all such claims, costs, penalties, legal expenses or objections etc. shall be your sole and exclusive liability;
5. agree to and authorize the Authorized Parties to screen and/or publish the Submissions as awards contest entries and winners, and use/publish their names and/or branding along with all advertising and marketing of or related to the awards contest(s) in respect of which the Submission was made, in association with the Submission. You further agree that personal data, especially your name, address and other personal details, as may be provided by you to Adsert at the time of making the Submission, may be processed, shared and otherwise used for the purposes and within the context of the awards contest(s) and any other purposes outlined herein, the data may also be used by Adsert to verify your identity, postal address and telephone number or to otherwise verify your eligibility to participate in the awards contest(s);
6. acknowledge that Authorized Parties or their directors, agents or employees shall not be liable for any direct, indirect, consequential, incidental, special or punitive damages or any damages whatsoever, including without limitation, damages for loss of data, reputation or profits arising out of or in any way connected with the use and publication of Submissions by the Authorized Parties, including whether as part of the awards contest process or as part of any publishing, marketing or advertising endeavours post declaration of the winning Submissions, or for any theft or destruction of or unauthorized access to awards contest entries or entry forms, or alteration of entries or entry forms, or for any use of www.exchange4media.com or any materials or software available thereon, or for any computer virus, Trojan horse, malware, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component or any failure of performance, error, omission, interruption, delay in operation or transmission due to, arising out of or otherwise attributable to the use of www.exchange4media.com or during or post uploading of Submissions thereon;
7. specifically agree and acknowledge that Adsert makes no representations or warranties, and shall not be held liable in any manner, in respect of qualification and/or selection or winning Submissions and as to the completeness, accuracy, adequacy, currency or reliability of any content published, distributed, translated, publicly displayed by Adsert or any other Authorized Parties in connection with organization of and participation in the award contest(s), details of the Submissions and you, or results of the awards contest(s), or any other matter connected herewith.