Terms and conditions

Image Attribution (terms)

By downloading photos, you agree to give proper attribution to the images in the following format: [photographer name] / Adventist Media Exchange (CC BY 4.0) or [photographer name] / AME (CC BY 4.0).

 

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By signing in to, accessing, or otherwise using the Adventist Media Exchange platform  (“AME”), you agree to this Terms and Conditions (“Terms”). If you disagree with any part of these Terms, do not use AME. We reserve the right to change these Terms at any time, so please check for changes to these Terms each time you use AME. Your continued use of AME following the posting of changes to these Terms means that you accept those changes.

AME is owned and operated by the General Conference of Seventh-day Adventists (“GC”, "we", "us", or a similar term).

About AME

The AME platform provides a central point to access images for use in Seventh-day Adventist digital and physical materials.

Code of Conduct 

You agree that you will not submit or post material to AME that could be deemed harmful or offensive to other users, nor will you impersonate another user in order to hide your identity or to implicate another in such actions. You understand and agree that the result of harmful or offensive actions (or any other breach of these Terms of Use) may include revocation of your right to use AME and its materials, and legal action against you.

User Content

We reserve the right to refuse to accept, or to remove from AME any submitted materials believe may subject us to legal liability or that it may violate these Terms.

You agree that any material that you post does not and will not violate any third-party right of any kind, including, without limitation, any Intellectual Property Rights (as defined below). To the extent that your material contains third party content, you hereby represent that you are the owner of, or have a valid license to, all the Intellectual Property Rights of such third-party content and have the power to grant the license granted below. You hereby represent that you have the necessary consent of each and every identifiable natural person whose likeness appears in your content. You will supply us with a copy of written consents if we request you to do so. We reserve (as stated above) the right, but not the obligation, to reject and/or remove any content that we believe, in our sole discretion, violates these provisions without admission or liability. For the purposes of these Terms, "Intellectual Property Rights" means any and all patent rights; copyright rights; moral rights; rights of publicity and rights of privacy; trademark, trade dress, and service mark rights; goodwill; trade secrets; and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

To the extent permitted by applicable laws, we assume no responsibility and we assume no liability for any material that you or any other user posts AME. You shall be solely responsible for your material and the consequences of posting or publishing it. You understand and agree that you may be exposed to submitted materials that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of any such materials.

User Content License

By posting any User Content on AME, including, without limitation, your or another’s name, likeness, logo, tradename, trademark, service mark, or copyrighted materials, you expressly grant to us and our users, and you hereby represent and warrant that you have all rights necessary to grant to us, a royalty free, sublicensable, transferable, perpetual, irrevocable, nonexclusive, and worldwide license to use, reproduce, modify, publish, transmit, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed.

All images uploaded on AME are uploaded under a Creative Commons 4.0 (CC BY 4.0) license.  For further information visit: https://creativecommons.org/licenses/by/4.0/

Intellectual Property

This Web site is copyrighted by the General Conference Corporation of Seventh-day Adventists. All rights are reserved. United States copyright law protects all materials contained on AME. By using AME, you acknowledge that We own all intellectual property rights in and to the site. You may not modify, remove, delete, augment, add to, exploit, publish, transmit, participate in the transfer or sale of, and/or create derivative works from the content either in whole or in part without permission.

User Requirements

Credit should be given for any material that is downloaded from this site.   Credit should be clearly and easily readable by the unaided eye.

Ownership of Content

The copyrights in all Content remain with the copyright owner, and nothing in the Terms shall be construed as a transfer of copyright to us.

Releases

Some content you submit may require model releases and/or property releases, which you are responsible for providing. You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records.

Content

AME has the right to refuse to accept or to remove content from the AME site for any reason. If your content is removed from AME, existing licenses for previously downloaded content will remain in effect.

Copyright Infringement Claims

If you would like to submit a notification of alleged infringement for content on the AME site, please send us a DMCA takedown notice. While we take reasonable steps to ensure that the rights of our contributors are not violated by others, AME has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any content. In the event AME receives a complaint about your content, AME may suspend access to such content and terminate your account. If you knowingly or repeatedly submit false copyright infringement claims and takedown notices to AME, AME reserves the right to disable or delete your account with no further notice to you.

Representations and Warranties

You represent and warrant that:

• you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder;
• you are under no legal disability or contractual restriction that prevents you from entering into this agreement;
• you are at least 18 years of age;
• the content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
• the content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.
• there is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the content or which might in any way impair the rights granted by you hereunder; and
• You agree that you are legally able to enter into this agreement, and that none of the content you submit will violate any laws or infringe any third party's rights.

Limitations of Liability

To the extent permitted by applicable laws, we are not liable for any direct, special, or consequential damages, or any other damages of any kind, resulting from or arising out of your use of, or your inability to use, AME  or any linked website or the services provided or arranged through AME, including, but not limited to, personal injury claims, lost wages, property damage, lost profits, business interruption, and loss of programs or other data on your information handling system.

Indemnity

You shall defend, indemnify, and hold harmless us (and each of our officers, directors, members, employees, agents, volunteers, and affiliates) from any claim, demand, action, damage, loss, cost, or expense, including, without limitation, reasonable attorneys' fees, arising out of or relating to your use of, or your participation in services provided or arranged through, AME that violates these Terms. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THE SITE, APP, AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES, APP, AND SITE ARE ALL PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES, APP, OR SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, APP, OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, APP, OR SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, APP, OR SITE, OR THAT DEFECTS IN THE SERVICES, APP, OR SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, APP, OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE MAKE NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES (INCLUDING VOLUNTEER OPPORTUNITIES) THROUGH THE SERVICES, APP, OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE, APP, OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Term

This Agreement shall remain in full force and effect while you use AME. You may terminate your AME account at any time, for any reason, by sending an email to [email protected].

Jurisdiction and Applicable Law

The Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. 

This site is created and controlled under the laws of the State of Maryland, which shall be the law giving effect to and interpretation of all terms and conditions hereunder.  Any action pertaining to this website shall be in the State of Maryland with Montgomery County the venue for such action.  Any person named a party to any action regarding this Web site agrees to submit to the exclusive jurisdiction of the courts of the State of Maryland and of the United States of America located in the State of Maryland.

Privacy

The collection, use, and disclosure of your personal information is described in our Privacy Statement.

Survival

Any limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. Our (and our licensors') proprietary rights (including any and all Intellectual Property Rights) in and to our content and the services shall survive the expiration or earlier termination of the Terms for any reason.

Violations

Please report any violations of the Terms to [email protected]

 

Effective date: May 01, 2020