Waiver of Liability
By submitting an entry, image or other form of copy via email, through this website or any other website or standard mail, the “Entrant” hereby grants Curvy Couture, its subsidiaries, affiliates and partners (collectively “Curvy Couture”) full ownership, permission and the exclusive copyright privileges associated with collecting, distributing, and publishing via any and all media outlets, not inclusive of printed and digital publications, websites and other media outlets, of any and all information and/or any articles or images (collectively “content”) that the Entrant submits to Curvy Couture for the purpose of contest participation, or for whatever use Curvy Couture determines appropriate.
Furthermore, Entrant acknowledges and accepts full responsibility for the content and accuracy of the information provided to Curvy Couture for publishing. Entrant hereby confirms that all content is drafted, written, developed or photographed solely by Entrant, and the use of third party sources associated with Entrant’s content are cited appropriately as required by law. Entrant understands, acknowledges and authorizes Curvy Couture to edit, shorten, change language, make and/or correct grammatical errors, crop, color correct, or make other visual modifications (collectively “edits”) throughout any and all content Entrant provides to Curvy Couture and as Curvy Couture deems necessary, and to perform any and all edits without Entrant approval, or without providing notice to Entrant.
Entrant understands and acknowledges that he or she must obtain written authorization from Curvy Couture regarding the (re)publishing, (re)distributing, or the utilization of all or any part of the content Entrant has or will provide to Curvy Couture, without exception, as it pertains to other non Curvy Couture entities.
LIMITATION OF LIABILITY: IN NO EVENT SHALL CURVY COUTURE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR CONTENT ENTRANT PROVIDES, OTHERWISE ARISING OUT OF THE USE OF THE SERVICES OR CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CURVY COUTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY, AND IN SUCH CIRCUMSTANCE, THE LIABILITY OF CURVY COUTURE IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION: All parties agree to indemnify and hold Curvy Couture, and its subsidiaries, affiliates, officers, agents, licensors, 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 any information that Entrant submits, posts to or transmits through this website, social media or any other website, email or standard mail, Entrant’s violation of the terms of this Waiver, or Entrant’s violation of the rights of any third person. Curvy Couture may, if necessary, and at its sole discretion, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect Curvy Couture’s rights or obligations shall be made without the prior written approval of Curvy Couture. Curvy Couture reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Entrant, in which event Entrant will cooperate with Curvy Couture in asserting any available defenses. In any action, arising out of this Waiver, or to enforce or defend the Waiver, the prevailing party shall recover their reasonable attorney fees and costs including all fees for pre and post judgment actions and all appellate proceedings.