1. Acceptance of Terms
VisualContest provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by VisualContest from time to time without notice to you. By using VisualContest, you agree, without limitation or qualification, to be bound by, and to comply with these Terms of Service.

2. Description of Service
VisualContest provides an online promoting service for all forms of Visual Arts. This includes promoting, showcasing, and marketing your creative artwork for you.

VisualContest will be viewed by all age groups, including younger audiences; all submitted artwork must be appropriate for younger viewers.

3. Your Registration Obligations
VisualContest does not charge a registration or membership fee, nor does it charge to display your artwork.

In consideration of your use of VisualContest, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the VisualContest registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VisualContest has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VisualContest has the right to suspend or terminate your account and refuse any and all current or future use of VisualContest (or any portion thereof).

4. VisualContest Privacy Policy
Registration Data and certain other information about you are subject to the VisualContest Privacy Policy. For more information, see the full VisualContest privacy policy at http://www.VisualContest.com/privacy.htm.

5. Member Account, Password and Security
You will receive a password and account designation upon completing the VisualContest registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify VisualContest of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. When canceling your account, you are required to cancel your account as directed in later portions of this document. VisualContest cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. Member Conduct
You agree to not use VisualContest to:

1. upload, email, transmit or otherwise make available any artwork submitted that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a VisualContest employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any artwork transmitted through VisualContest;
5. upload, email, transmit or otherwise make available any artwork that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, email, transmit or otherwise make available any artwork that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, email, transmit or otherwise make available any unsolicited or unauthorized advertising, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of unauthorized solicitation;
8. upload, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt VisualContest or servers or networks connected to VisualContest, or disobey any requirements, procedures, policies or regulations of networks connected to VisualContest;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law; or
11. "stalk" or otherwise harass another.
You acknowledge that VisualContest will pre-screen artwork, and that VisualContest and its designees shall have the right (but not the obligation) in their sole discretion to refuse any artwork that is available via VisualContest. Without limiting the foregoing, VisualContest and its designees shall have the right to remove any artwork that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any artwork, including any reliance on the accuracy, completeness, or usefulness of such artwork. In this regard, you acknowledge that you may not rely on any work created by VisualContest or submitted to VisualContest.

You acknowledge after submitting your work and signing the contract agreement, we will showcase your work on our website and market your work for you. YOU WILL NOT LOSE THE COPYRIGHT TO YOUR WORK, UNLESS YOU ARE WILLING TO SELL IT.

You acknowledge and agree that VisualContest may preserve your work and may also disclose your work if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any artwork violates the rights of third-parties; or (d) protect the rights, property, or personal safety of VisualContest, its users and the public.
You understand that the technical processing and transmission of VisualContest, including your artwork, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable artwork. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. Content Submitted or Made Available on VisualContest
All submissions must be created by the original artists. Artists are responsible for all of their submissions. You will not lose the copyright to your work, unless you are willing to sell it. Only thumbnail images are required for your initial submission; however, you acknowledge, that if/when submissions are available to be sold, you must sell your work in the demensions you specified when you uploaded your work.

VisualContest does not claim ownership of artwork you submit or make available for inclusion on VisualContest. However, with respect to artwork you submit or make available for inclusion on publicly accessible areas of VisualContest, you grant VisualContest the following world-wide, royalty free and non-exclusive license(s), as applicable:

- With respect to artwork you submit or make available for inclusion on publicly accessible areas of VisualContest, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such artwork on VisualContest. This license exists only for as long as you elect to continue to include such artwork on VisualContest and will terminate at the time you remove or VisualContest removes such artwork from VisualContest.

"Publicly accessible" areas of VisualContest are those areas that are intended by VisualContest to be available to the general public.

9. Indemnity
You agree to indemnify and hold VisualContest, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of artwork you submit, post, transmit or make available through VisualContest, your use of VisualContest, your connection to VisualContest, your violation of the TOS, or your violation of any rights of another.

10. Modifications to Service
VisualContest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, VisualContest (or any part thereof) with or without notice. You agree that VisualContest shall not be liable to you or to any third party for any modification, suspension or discontinuance of VisualContest.

11. Termination and Cancellation
You agree that VisualContest, in its sole discretion, may terminate your password, account (or any part thereof) or use of VisualContest, and remove and discard any artwork within VisualContest, for any reason, including, without limitation, for lack of use or if VisualContest believes that you have violated or acted inconsistently with the letter or spirit of the TOS. VisualContest may also in its sole discretion and at any time discontinue providing VisualContest, or any part thereof, with or without notice. You agree that any termination of your access to VisualContest under any provision of this TOS may be effected without prior notice, and acknowledge and agree that VisualContest may immediately deactivate or delete your account and all related information and artwork in your account and/or bar any further access to such artwork or VisualContest. Further, you agree that VisualContest shall not be liable to you or any third-party for any termination of your access to VisualContest. To cancel your account, you must submit a cancellation form, which can be found below. Any other form of cancellation will not be accepted including, but not limited to e-mail, phone, etc.

For Cancellation form, please click here.

12. Links
VisualContest.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VisualContest has no control over such sites and resources, you acknowledge and agree that VisualContest is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any artwork or products on or available from such sites or resources. You further acknowledge and agree that VisualContest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such artwork, goods or services available on or through any such site or resource.

13. Proprietary Rights of VisualContest
You acknowledge and agree that VisualContest and any necessary software used in connection with VisualContest ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that artwork presented to you through VisualContest or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by VisualContest or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on VisualContest or the Software, in whole or in part.

You agree not to access VisualContest by any means other than through the interface that is provided by VisualContest for use in accessing VisualContest.

14. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF VISUALCONTEST IS AT YOUR SOLE RISK. VISUALCONTEST IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VISUALCONTEST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

VISUALCONTEST MAKES NO WARRANTY THAT (1) VISUALCONTEST WILL MEET YOUR REQUIREMENTS, (2) VISUALCONTEST WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VISUALCONTEST WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH VISUALCONTEST WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VISUALCONTEST IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM VISUALCONTEST SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VISUALCONTEST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VISUALCONTEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE VISUALCONTEST; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM VISUALCONTEST; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON VISUALCONTEST; OR (5) ANY OTHER MATTER RELATING TO VISUALCONTEST.

16. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

17. Notice
Notices to you may be made via either email or regular mail. VisualContest may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on VisualContest.

18. Trademark Information
VisualContest is a registered trademark of VisualContest Company. Without prior permission from VisualContest.com, you agree not to display or use in any manner, the VisualContest trademark.

19. Copyrights
Other than reproductions made by VisualContest, if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide VisualContest with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Notice of copyright or other intellectual property infringement can be sent to VisualContest as follows:
Email: info@VisualContest.com

20. General Information
The TOS constitutes the entire agreement between you and VisualContest and governs your use of VisualContest, superceding any prior agreements between you and VisualContest. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and VisualContest shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and VisualContest agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, New York. The failure of VisualContest to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of VisualContest or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.