By clicking “Yes, I Agree” in the Terms of Use dialog box, the entrant agrees that the following terms and conditions (the Agreement) apply between the entrant and ArtForward, LLC, with respect to the entrant’s use of the Website, as defined below, including, but not limited to, the submission of digitized images of art objects and text as an application to participate in contests or competitions for the selection of art for display, acquisition or other use of such art objects. • Certain Definitions. For purposes of this agreement, the following definitions shall apply: “ArtForwardContests.com” is defined as a Website for conducting contests for Artists and a product of ArtForward, LLC. ArtForward, LLC, will conduct activities associated with contests, such as, receipt of Applications, transfer of Images, display of Images and the awarding and promotion of Images and Artists selected as competition winners. “CAFE.org” (Call for Entry.org) is defined as a web based service that allows organizations and administrators to manage Artist’s Applications and Jury processes related to calls for entry, contests or other events. “Agreement” shall mean this Agreement as agreed to and accepted by the Artist’s actions in clicking on the “I agree” option in the Terms of Use dialog box. “Application” means the information requested concerning Artist’s personal data and history, training, education, experience and work as an artist and which is submitted by the Artist. “Artist” shall mean the individual entrant identified in the introductory paragraph of this Agreement as the person taking action to accept the terms of this Agreement. “Artwork” shall mean the tangible works of art created by Artist, the copyright to which remains with Artist, and the digitized images of which the Artist submits as part of Artist’s Application with respect to a particular Contest under the terms of this Agreement. “Database” shall mean the Database of digitized images of Artwork maintained on the ArtForwardContests.com and CAFÉ.org websites. “Images” shall mean the digitized images of the Artwork. “Website” shall mean the site on the World Wide Web through which Artist last clicked to reach this Agreement for the submission of applications and Images by Artists for purposes of allowing Artists to apply for and have their Applications and Artwork evaluated by ArtForward, LLC, and ArtForward, LLC’s, Jury as part of the Artist’s participation in that Contest. “Jury” (also “Jurors”) is defined as qualified individuals with professional art credentials in the judgment of photography or painting. “Contest Rules” is defined as those rules particular to each contest, including, but not limited to, theme, schedule, eligibity, that are established for each contest on the ArtForwardContests.com website and subject to change at the discretion of ArtForward, LLC. “Print Media” is defined as recognized magazines which target artists and/or purchasers of art and where winners’ Images will be displayed as prizes for winning a contest. • Submission of Applications and Images. The Artist’s submission Applications and Images shall, as between Artist and ArtForward, LLC, be under and subject to the terms of this Agreement. • ArtForward, LLC’s, Limited Obligations. ArtForward, LLC’s, obligation to Artist is to transmit and store Applications and Images, as described on the ArtForwardContests.com website. ArtForward, LLC, does not verify the completeness or quality of Applications or Images. • Grant of Limited Rights; No Copyright Transfer. Artist hereby grants to ArtForward, LLC, a nonexclusive license to use the Application, Artwork and Images for the following limited purposes: (A) to permit ArtForward, LLC, to facilitate the transmission of or to actually transmit the Applications, together with submitted images, to CAFÉ.org, and Jurors of ArtForward, LLC, to which Artist has indicated an Application is to be submitted and (B) for storage of Artist’s Applications, together with submitted images, in the Database, subject to retrieval by CAFÉ.org, and ArtForward, LLC, to whom the Artist has submitted Applications. The limited rights and license granted under this Agreement do not include any assignment or transfer of the copyright in the Application, Artwork and Images and do not include any right to edit or modify the Artwork and Images. ArtForward, LLC, retains the right to reproduce, digitize and publicly display the Artwork and Images and appropriate Artist’s information, in whole or in part. By entering this art contest, Artist grants ArtForward, LLC, a nonexclusive perpetual license to reproduce Images of Artist’s Artwork on the ArtForwardContests.com website and in the marketing of the art contests to the public and in the announcement of winners on websites and magazines, as described in the Contest Rules. Entries become part of the public, archival online contest catalog and may be removed by request. 5. Artist’s Representations. Artist represents and warrants to ArtForward, LLC, that (A) the Artwork was created exclusively by the Artist; (B) Artist is the sole owner of all rights in the Artwork and Images; (C) by entering into this Agreement and submitting the Application and Images, Artist is not violating any agreement with any third party; and (D) the Artwork and Images themselves and by their submission do not infringe upon any intellectual property, privacy, publicity, or any rights of any third party; and (E) the Artwork and Images do not include any content which is unlawful, harassing, libelous, abusive, tortuous, defam- atory, threatening, harmful, invasive of another’s privacy, vulgar, obscene, or otherwise objectionable material of any kind or nature or which is harmful to minors in any way (the “Artist’s Representations”). The Artist will provide ArtForward , LLC, appropriate documentation which establishes the accuracy of Artist’s Representations in the form reasonably requested by ArtForward, LLC. • Contest Modifications. ArtForward, LLC, reserves the right to substitute Jurors of comparable stature and qualifications, at its discretion. ArtForward, LLC, further reserves the right to change print media used as prize rewards, at its discretion. • Artist’s Limited Rights. By using the ArtForward, LLC, website (ArtForwardContests.com) Artist acquires no rights to the website and, except for Artist’s Application, Artwork and Images submitted as part of his or her Application, the content of the Database. • Return of Images. ArtForward, LLC, has no responsibility to the Artist for the return of any Application or Images submitted. • Duty of Care. ArtForward, LLC, will use reasonable efforts to control the security of the website, but does not warrant that the website will be able to protect Artwork and Images from infringement or piracy. Artist acknowledges that technological advances of those trying to break codes and encryption devices may outpace the technology of security and encryption and that there is no such thing as an absolutely secure website. The Artist further acknowledges that the publication of digitized data on the Internet necessarily makes it possible for Artwork and Images to be copied in some form and for dishonest people to attempt to profit from that copying. Artist agrees that ArtForward, LLC, shall have no liability for any negligence or lack of due care in failing to protect the security of the website and Artist’s rights in the Application, Artwork and Images. • Limitation of Liability. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE WEBSITE IS PROVIDED AS IS AND WITHOUT ANY WARRANTIES. ARTFORWARD, LLC, HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE. IN NO EVENT WILL ARTFORWARD, LLC, BE LIABLE TO ARTIST FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR OFFENDED MORAL RIGHTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARTFORWARD, LLC, SHALL HAVE NO OBLIGATION TO PROTECT ARTIST’S MORAL RIGHTS, IF ANY, IN THE ARTWORK AND IMAGES. ARTIST’S SOLE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY ARTFORWARD, LLC, FOR ANY UNAUTHORIZED PUBLICATION OF APPLICATIONS, ARTWORK OR IMAGES THROUGH THE WEBSITE AND FOR ANY OTHER CLAIMED HARM FROM USING THE ARTFORWARDCONTESTS.COM WEBSITE OR HAVING IMAGES PUBLISHED IN PRINT MEDIA, WHETHER CAUSED OR ALLEGED TO BE CAUSED BY ARTFORWARD, LLC, SHALL BE ARTIST’S ACTUAL DAMAGES, IF ANY, SUBJECT TO A LIMITATION OF $500.00 PER CLAIM OR $1000.00 IN THE AGGREGATE FOR ALL CLAIMS IN THIS AGREEMENT. • Indemnifications. The Artist agrees to indemnify, defend and protect ArtForward, LLC, for any cost and expenses, including attorney’s fees incurred by ArtForward, LLC, as a result of any breach of the Artist’s Representations. • Agreement Modifications. All modifications to and amendments of this Agreement must be in writing and signed by both Artist and ArtForward, LLC. • Governing Law; Dispute Resolution. This agreement shall be governed by the laws of California, excluding its conflict of law principles. Any claim, dispute or controversy arising out of or relating to this Agreement shall be submitted by the parties to binding arbitration in accordance with the commercial rules of the American Arbitration Association. • Liberal Construction. This Agreement is between commercially sophisticated parties and may not be construed and interpreted for or against either party. Each party is aware that each is free to seek independent professional guidance or legal counsel regarding the Agreement. Each party has either sought such guidance or legal counsel, or after reviewing the Agreement carefully, have decided to waive such right.