Terms and Conditions: By accessing the San Francisco 49ers Gigapixel on the Blakeway Gigapixel viewer you acknowledge that you have read, understood, and have agreed to the Terms and all related documents. It is very important that you read them carefully. If you do not agree to be bound to the Terms and all related documents, you are not allowed to access the San Francisco 49ers Gigapixel or the Blakeway Gigapixel viewer in any form or fashion.
1. That all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs whether registered or unregistered, and other materials) in the Site are vested in Blakeway Panoramas or its licensors, as applicable. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in Blakeway Panoramas shall inure to Blakeway Panoramas. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in the San Francisco 49ers shall inure to the San Francisco 49ers. You further agree that you will not utilize any of these resources for commercial purposes unless specifically approved by Blakeway Panoramas and the San Francisco 49ers.
2. This Site, including all materials therein ("Materials"), is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site, including all Materials, and to prevent any unauthorized copying of the Materials. Blakeway Panoramas does not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation, nor does the San Francisco 49ers.
3. Any information, unsolicited suggestions, ideas or other submissions provided by you will be deemed not to be confidential and to be non-proprietary. By sending any such information or material you grant Blakeway Panoramas an unrestricted, royalty-free, irrevocable and world-wide license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Blakeway Panoramas is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
4. Sweepstakes and/or Giveaways Official Rules and Procedures: NO PURCHASE NECESSARY. Must be a U.S. citizen and 18 years of age or older to enter. Entries will start being accepted when the Gigapixel live site is launched and will continue to be accepted for five (5) business days after that date. Winners for the sweepstakes will be chosen at random seven (7) business days after the launch date of the Gigapixel live site. The winner(s) of the sweepstakes and/or giveaways will be notified via the e-mail address provided on their entry form and will have seventy-two (72) hours from the date and time stamp of that sent email to claim their prize. If the winner(s) fail to claim prize within seventy-two (72) hours, prize will be forfeited and another winner will be selected at random. By entering the sweepstakes and/or giveaway, entrant agrees to potentially have their first name, city and state announced via email and/or social media platforms, including but not limited to Facebook, Twitter, Instagram and Pinterest. This information will only be announced after the entrant has claimed prize. Prizes of panoramic prints will be fulfilled by Blakeway Panoramas, Minnetonka, MN. The fulfillment of any and all other prizes will be the sole responsibility of the College, University, athletic team, or event management sponsoring the Gigapixel. Upon entry into sweepstakes and/or giveaway, entrant agrees to provide the following: full name, shipping address, and phone number to ensure successful shipment of prize. Blakeway Panoramas will only ship officially licensed panoramic prints from the NFL, NHL, NCAA, and NASCAR within the continental (lower 48) United States.
5. Not to transmit to the Site any content, or conduct yourself in any manner, that could be construed as defamatory, libelous, obscene, bigoted, hateful, racially offensive, vulgar, harassing, inflammatory, pornographic, violent, profane, threatening, inaccurate, deceptive or unlawful, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
6. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, BLAKEWAY PANORAMAS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH THE SOFTWARE OR THE SITE.
7. Handwritten changes to this document are not permitted and will not be honored. This Agreement constitutes the entire Agreement and shall not be modified except via written document, executed by both parties. If any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
8. By accessing any part of the Site that require name and email to utilize (tags, photo hunts, giveaways, contact requests, etc.) and by entering aforementioned information, you acknowledge that you have reached the age of 18 and furthermore agree to be automatically signed up to receive (a) correspondence from Blakeway Panoramas and (b) San Francisco 49ers news, offers, event announcements, and other info directly from the San Francisco 49ers. For the avoidance of doubt, Blakeway Panoramas provides you with the ability to opt out of certain types of communications. Please review our Privacy Policy at http://blakewaygigapixel.com/privacy-policy.
9. Limitation of liability
IN NO EVENT SHALL BLAKEWAY PANORAMAS OR THE LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT OR OUT OF OR IN CONNECTION WITH THESE TERMS, EVEN IF BLAKEWAY PANORAMAS OR THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL BLAKEWAY PANORAMAS OR THE LICENSOR BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS SITE. THIS LIMITATION OF LIABILITY SHALL ALSO APPLY IN REGARDS TO ANY THIRD PARTY SITE.
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