"We are all photographers now" upload site - Terms & Conditions

Thank you for uploading your photographs on the server of the EPFL. Barring technical difficulties, it will be projected at the NYPH09. However, before you upload your images and agree that we show your images during the festival, you must carefully review the Terms and Conditions set out below. By uploading your images, you indicate that you accept these Terms, that you agree to be bound by them, and that you will use the server only in a manner consistent with these Terms. Acceptance of these Terms creates a binding contract between you and the organizers, the NYPH09 and the EPFL (Ecole Polytechnique Fédérale de Lausanne).

If you have questions about these Terms, please contact

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. Your use of the site is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the server.

I) Usage of your photographs

By accepting theses terms and conditions you agree that the uploaded photograph be used for the following purposes (“Service”), if the total number of uploaded images allows it:

  1. That your photograph will be shown publicly during the festival.
  2. That your photograph will be imaged with a webcam.
  3. That you will receive an e-mail of the webcam image of your exhibited photograph.
  4. Your photograph and the tag information will be stored on a server at Ecole Polytechnique Fédérale de Lausanne (EPFL) and can serve for non-commercial research purposes, even after the end of the exhibition.

II) Photographer conduct

You understand that all information, data, text, photographs, and tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not EPFL nor NYPH09, are entirely responsible for all Content that you upload or otherwise make available via the server.

You agree that you will not

  1. upload, transmit or otherwise make available any Content 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 guide or host, 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 Content transmitted through the server;
  5. upload, transmit or otherwise make available any Content 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, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials;
  8. upload, 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. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, state, national or international law.

You acknowledge that the EPFL may or may not pre-screen Content, but that they have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available. Without limiting the foregoing, the EPFL shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

III. Indemnity

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS the Musée de l’Elysée, NYPH, POWERHOUSE BOOKS, POWERHOUSE ARENA, AND EPFL, INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE.

IV. Disclaimer of warranties

You expressly understand and agree that: Your use of the site is at your sole risk. The site is provided on an "as is" and "as available" basis. The NYPH and EPFL and their subsidiaries, affiliates, officers’ employees, agents, partners, and licensors expressly disclaim 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.

NYPH and EPFL agents, partners, and licensors, make no warranty that (i) the Service will meet your requirements; (ii) The Service will be uninterrupted, timeless, secure, or error-free; (iii) The Service that may be obtained from the use of the Service will be accurate or reliable; (iv) The quality of any products, services, information or other material obtained by you through the Service will meet you expectations; and (v) any errors in the software will be corrected.

No advice or information, whether oral or written, obtained by you from NYPH or EPFL creates any warranty not expressly stated in the TOS.

V. Choice of Law – Place of Jurisdiction

This contract shall be governed by the laws of Switzerland.

The courts of Canton de Vaud, Switzerland are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to this contract. You consent to personal jurisdiction and venue by the state and federal courts of Canton de Vaud, Switzerland.

VI. Modification of Terms

The NYPH and EPFL may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service.

VII. Entire Agreement

These Terms constitute the entire agreement between you, the NYPH and EPFL governing your use of the site. In the case of inconsistencies between these Terms and any information, these Terms will always control.