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BuffaloNiagara.org Photography Upload Terms and Conditions

Before uploading a photograph to our site, carefully read the following terms and conditions of use. Uploading any photograph through this website constitutes your acceptance of the terms and conditions of use outlined herein.

This website’s galleries are intended to pique user interest in the Buffalo Niagara Region by showing off our many unique resources. Photograph uploading is allowed if the user’s motives are in accord with this purpose.

Submitted photographs must not be offensive, illegal, obscene or otherwise contain any content that is objectionable to Buffalo Niagara Enterprise, as determined by Buffalo Niagara Enterprise’s sole discretion. Buffalo Niagara Enterprise reserves the right to remove any photographs from this website at any time in its sole discretion.

Photographs must be submitted by the original photographer. Do not submit a photograph taken by someone other than yourself. You must be the sole owner of the copyright of any photograph submitted. Your submission of the photograph is your representation, warranty and guarantee to us that you are the author and sole copyright holder of the photograph and you have the right to grant the license provided to Buffalo Niagara Enterprise below. You acknowledge that you have sufficient written permission of any recognizable locations or people appearing in the photograph to be able to grant the license provided to Buffalo Niagara Enterprise below, including the right to publish the photograph you submit.

If approved for publication, your photograph will be displayed to the public. By submitting your photo, you grant Buffalo Niagara Enterprise a perpetual, irrevocable and free license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your photograph on this website, other regional websites, electronic promotional materials, and printed marketing materials. Ownership of the copyrights in the photograph remain with you. A photograph credit will be provided under your image.

No royalties, guarantees, advances or other payments of any kind (monetary or other) will be due or awarded for using the photograph.

You agree to hold harmless, defend, indemnify and release Buffalo Niagara Enterprise, its directors, officers, employees, owners, successors and affiliated entities from any and all liability, loss, claim, injury, damage or expense, including but not limited to reasonable attorney’s fees and costs, which are in any way connected or associated with the uploading of any photograph to this website and/or Buffalo Niagara Enterprise display of such photograph on this website or other publication.

IN NO EVENT SHALL THE BUFFALO NIAGARA ENTERPRISE, ITS SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING OR DISTRIBUTING THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS DISPLAYED OR REPRODUCED ON OR OBTAINED THROUGH THIS WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BUFFALO NIAGARA ENTERPRISE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Buffalo Niagara Enterprise respects the intellectual property of others and we ask our users to do the same. If you believe any work on display by Buffalo Niagara Enterprise is being used in a way the constitutes intellectual property infringement or otherwise violates a party’s rights, please notify our Designated Agent:

Buffalo Niagara Enterprise
665 Main Street, Suite 200,
Buffalo, New York 14203
716.842.1357
info@buffaloniagara.org