Terms and Conditions

2017 MITX Awards Terms and Conditions

This page states the terms and conditions under which you may submit an entry for consideration in the 2017 MITX Awards at the official site of the MITX Awards: www.mitxawards.org.

Please read this page carefully. The Terms govern your entry. Your entry implies agreement to the terms and conditions as follows.

Terms and Conditions

  • 1. Submitting Content
  • 2. Grant of License
  • 3. Disclaimers
  • 4. Limitation of Liability and Remedies
  • 5. Indemnification
  • 6. Headings
  • 7. General

1. Submitting Content
Entrants are responsible for their own communications and the consequences of submitting an Entry. An Entrant may not:

  • submit material that is copyrighted, unless Entrant owns the copyright or has the permission of the copyright owner to post it;
  • submit material that reveals trade secrets, unless Entrant owns the trade secrets or has the permission of the owner to reveal them;
  • submit material that infringes any intellectual property rights of others or their privacy or publicity rights;
  • submit material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity;
  • submit material that constitutes a sexually-explicit image or statement;
  • submit material that impersonates another person

Entrant warrants and represents to MITX that all information, communications, software, photos, text, video, graphics, music, sounds, images and other material submitted by Entrant for consideration for the MITX Awards are solely owned by Entrant or are provided with the express authority of the applicable owner(s) and do not infringe upon any other individual or organizational rights (including, without limitation, intellectual property rights).

2. Grant of License

  • a. Use of Entries and Entry Material; General Use By submitting an Entry for MITX Awards consideration, Entrant automatically grants MITX a royalty-free, irrevocable, worldwide, non-transferable, non-exclusive right and license to use and display such entry, which shall include any Web Site Entry and any Entry Material, in whole or part for a period of five (5) years from the date of submission (the “License Period”). MITX will make a reasonable attempt to limit duplication of the Entry Material to that number of copies necessary for the limited purposes of reviewing Entries for assignment to award categories and judging Entries. Notwithstanding the license granted during the License Period, MITX will remain the owner of the Entry and any information supplied on the Online Entry Form or the PDF Entry Form. Please refer to Rule #3 for details of ownership.
  • b. Use of Entries and Entry Material; Finalist and Winning Entries Upon selection as a MITX Awards finalist or winner, Entrant automatically grants MITX a royalty-free, perpetual, irrevocable, worldwide, non-transferable, non-exclusive right and license to promote, publish or display the Entry, in printed and electronic formats, which include but are not limited to, trade publications, press releases, electronic posting to the Web Site, the MITX web site, electronic hyperlinks to the web site of the Entrant, and any display format selected by MITX during the MITX Awards ceremony.

3. Disclaimers
MITX has no obligation to screen an Entry or Entry Material in advance, and is not responsible for monitoring Entries, to prevent violation of intellectual property ownership rights, or violations of any law, rule or regulation. If MITX is notified of submissions or materials that allegedly do not conform to the Terms, MITX may investigate the allegation and determine in good faith and in its sole discretion whether to eliminate an Entry from consideration for any Awards category. MITX has no liability or responsibility to Entrants or other users of the Web Site or Entry Material for performance or non-performance of such activities.

THE WEB SITE, ONLINE ENTRY FORM AND PDF ENTRY FORM ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MITX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MITX SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE WEB SITE, ONLINE ENTRY FORM OR PDF ENTRY FORM WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS THAT EXIST ON THE WEB SITE, ONLINE ENTRY FORM OR PDF ENTRY FORM (D) THAT THE SECURITY METHODS EMPLOYED TO PROTECT THE DISCLOSURE OF INFORMATION WILL BE SUFFICIENT, AND (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. IF ENTRANT’S USE OF THE WEB SITE, ONLINE ENTRY FORM OR PDF ENTRY FORM RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF ENTRANT’S OR ANOTHER’S EQUIPMENT OR DATA, MITX IS NOT RESPONSIBLE FOR THOSE COSTS.

4. Limitation of Liability and Remedies
ENTRANT AND ANY PARTY THAT ACCESSES THE WEB SITE, ONLINE ENTRY FORM OR PDF ENTRY FORM (INDIVIDUALLY THE “VISITOR”) AGREE THAT NEITHER MITX NOR ITS THIRD PARTY CONTENT OR SERVICE PROVIDERS WILL BE LIABLE TO VISITOR FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, VISITOR’S USE OR INABILITY TO USE THE WEB SITE, VISITOR’S SUBMISSION OF AN ENTRY TO THE WEB SITE, OR TO VISITOR’S RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEB SITE, ONLINE ENTRY FORM OR PDF ENTRY FORM. IN PARTICULAR, NEITHER MITX NOR ITS THIRD PARTY CONTENT OR SERVICE PROVIDERS WILL HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, VISITOR’S USE OR INABILITY TO USE THE WEB SITE, ONLINE ENTRY FORM OR PDF ENTRY FORM, OR TO VISITOR’S RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEB SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

5. Indemnification
Entrant hereby indemnifies, saves and holds MITX, its successors and assigns, harmless from any and all liability, claims, demands, loss and damage (including legal fees and court costs) arising out of or connected with any claim or actions by a third party which is inconsistent with any of the above warranties and representations made by Entrant and shall reimburse MITX for any loss, costs, expense, or damage to which said indemnity applies. MITX shall give Entrant prompt written notice of any claim or actions covered by this indemnity, and Entrant shall have the right, at its own expense, to participate in any such action.

6. Headings
The headings of the Sections hereof are for convenience of reference only and shall not modify, define, or limit any of the terms or provisions hereof.

7. General
MITX makes no claims that the Web Site or PDF Entry Form may be lawfully viewed or downloaded outside of the United States. Access to the Web Site or PDF Entry Form may not be legal by certain persons or in certain countries. If Visitor accesses the Web Site from outside of the United States, Visitor does so at his or her own risk and is responsible for compliance with the laws of his or her jurisdiction. The Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts without respect to its conflict of laws principles. Jurisdiction of any claims arising under the Terms will lie exclusively with the state or federal courts within Boston, Massachusetts, and Visitor consents to the exclusive personal jurisdiction of such courts if there is a dispute between Visitor and MITX. Visitor may not institute any action in any form arising out of use of the Web Site or PDF Entry Form or the Terms more than eighteen (18) months after the cause of action arises. If any of the Terms is found to be invalid by any court having competent jurisdiction, that invalidity will not affect the validity of the remaining Terms, which will remain in full force and effect. No waiver of any Term will be deemed a further or continuing waiver of such provision or any other provision. The Terms constitute the entire agreement between Visitor and MITX with respect to the use of Web Site. No changes to the Terms may be made except by a revised posting by MITX on this page, and no waiver of any Term will be effective unless it is in writing and signed by a representative of MITX.