Terms & Conditions for
Uploading Photos to Ms.Carita SafeTruck, Inc.

Before uploading a photo to our site, carefully read the following terms and conditions of use. If you agree to the terms as they have been written, click on the "I accept" button to continue.

The purpose of this contest is to promote the use of Ms.Carita SafeTruck products. Image upload is allowed and encouraged if the user's motives are in accord with this purpose. Acceptable uses of the image uploader include:

Since our website is a family-friendly site, we reserve the right to reject unsuitable or pornographic images. Unsuitable images for this family friendly site include any nude photos as well as photos of a sexually suggestive or violent content.

Photos acceptable to Ms.Carita SafeTruck for this contest can only be of Oversize Loads and Pilot cars displaying Ms.Carita SafeTruck products. As long as the photo meets this criteria it may be selected as a winner and posted to our on line photo gallery. Winners will be selected based on some or all of the following; use and presentation of Ms.Carita SafeTruck products, appearance of vehicle, load content, load appearance, level of difficultly, visual aesthetics and appeal, detail and clarity of image.

1. Public Viewing & Granting of Limited Rights

Be aware that, if approved for publication, your photo will be displayed to the public. Your image may be included in the Ms.Carita SafeTruck photo gallery, or in other areas of the Web site.

By uploading your photo, you are allowing Ms.Carita SafeTruck to publish the photo on our Web site and any other print or image media to promote Ms.Carita SafeTruck products including catalogs, flyers, etc.

2. Copyright

Copyright of the image remains the property of the photographer. The person’s name submitting the photo, if other than the photographer will appear under the photo if displayed on the Ms.Carita SafeTruck website.

All images must be originals and must belong to the person uploading; all rights in the photo must be the property of the person uploading the photo. In connection with uploader’s submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights and infringes on another's intellectual property rights, unless you are the owner of such rights or have permission from their rightful owner to upload the material and to grant Ms.Carita SafeTruck all of the license rights granted herein.

3. Model Release

Uploader acknowledges that they have sufficient written permission of any recognizable models or other persons appearing in the photograph to be able to grant to Ms.Carita SafeTruck the right to publish their photographic submission online, and any other media. Uploader hereby grants to Ms.Carita SafeTruck such right.

4. Privacy Policy

Ms.Carita SafeTruck does not sell our customer’s or anybody’s email addresses or personal information. All information submitted to Ms.Carita SafeTruck is not to be sold or used in any way that violates your right to privacy. Upon contest entry, email addresses are collected for the purpose of promoting Ms.Carita SafeTruck products and may be used for marketing purposes to promote new products and promotions being offered, as well as upcoming events and trade shows. In the Ms.Carita SafeTruck photo gallery, authorship will be attributed to the photo by displaying the person’s name submitting the photo, if other than the photographer will appear under the photo if displayed on the Ms.Carita SafeTruck website.

Spam is never endorsed by Ms.Carita SafeTruck. Our periodical email announcements of new products, upcoming events and tradeshows may be sent to all contest entrants. We also provide numerous opportunities to unsubscribe from these emails, including opt-out links at the bottom of each e-mail.

When Ms.Carita SafeTruck contacts our own Ms.Carita SafeTruck customer base, it will not be considered unsolicited email.

5. Advertising

Ms.Carita SafeTruck may advertise anywhere on our site, any photo submitted to Ms.Carita SafeTruck’s Photo Contest may be used for Ms.Carita SafeTruck advertisements and promotional use. Ms.Carita SafeTruck does not allow intrusive advertising such as pop-ups or pop-unders. Advertising may be found to match specific images, titles, or descriptions. Ms.Carita SafeTruck reserves the right to change advertising on the site or any other media at any time.

6. Additional Contest Rules

In addition to the terms and conditions above, contest entries must abide by the following rules.

All entries must be received at the Ms.Carita SafeTruck web site as stated at http://www.safetruck.com/entry.php, (.jpg or .png files up to 10 meg). Entries must be submitted in digital form via the Web site; you can submit images taken with a digital camera or images taken with a film-based camera and scanned into a digital format. Mailed and emailed entries are not accepted. Ms.Carita SafeTruck will not be held responsible for mailed slides, negatives, or prints. Entrants are allowed to enter up to 3 photos into the contest per day. A Ms.Carita SafeTruck day is considered 12:01am to 12 midnight, Pacific time. If more than one entry is entered in one day, all but the first entry will be disqualified. You may only enter a given photo once per the contest month. No purchase is required but each photo must have Ms.Carita SafeTruck products displayed on them. . Contest is open to residents of the United States only (void where prohibited) and excludes all non U.S. residents. Odds of winning are dependent on the number of contestants. A list of prize winners my be obtained through the U.S. Postal Service, by sending a written request to Ms.Carita SafeTruck, Inc. administration offices located at 2159 Research Drive, Livermore, CA 94550. All requests must include a self addressed stamped envelope.

Winning photos will be posted on the Web site shortly after the end of each monthly contest. Although exceptions can be made to this rule, only one photo per participant can place as a winner in each monthly contest. All decisions of Ms.Carita SafeTruck are final. We will attempt to contact prize winners by email and/or phone. If the winner does not respond to our email and/or phone call to claim the prize within 10 days, the prize will be forfeited. Winners are responsible for all applicable federal, state or local taxes, tariffs or import duty fees.

Ms.Carita SafeTruck reserves the right to substitute prizes of equal or greater value to the advertised prize should it become unavailable due to circumstances beyond our control. All prizes are not redeemable for cash value.

Shipping costs are included with Ms.Carita SafeTruck prizes only to U.S. addresses.

This contest is governed by the laws of the State of California, USA. Additionally, if local laws in your place of residence make this contest illegal, do not enter the contest.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE MS.CARITA SAFETRUCK WEBSITE AND PHOTO CONTEST ENTRY SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MS.CARITA SAFETRUCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND PHOTO CONTEST, AND YOUR USE THEREOF. MS.CARITA SAFETRUCK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN OF ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MS.CARITA SAFETRUCK WEBSITE. MS.CARITA SAFETRUCK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MS.CARITA SAFETRUCK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MS.CARITA SAFETRUCK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability

IN NO EVENT SHALL MS.CARITA SAFETRUCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MS.CARITA SAFETRUCK WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MS.CARITA SAFETRUCK SHALL NOT BE LIABLE FOR USER SUBMISSIONS FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Ms.Carita SafeTruck from its facilities in the United States of America. Ms.Carita SafeTruck makes no representations that the Ms.Carita SafeTruck Website is appropriate or available for use in other locations. Those who access or use the Ms.Carita SafeTruck Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

You agree to defend, indemnify and hold harmless Ms.Carita SafeTruck corporation, it’s officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Ms.Carita SafeTruck Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Ms.Carita SafeTruck Website.

10. Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ms.Carita SafeTruck without restriction.

11. General

You agree that: (i) the Ms.Carita SafeTruck Website shall be deemed solely based in California; and (ii) the Ms.Carita SafeTruck Website shall be deemed a passive website that does not give rise to personal jurisdiction over Ms.Carita SafeTruck, either specific or general, in jurisdictions other than California. These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Ms.Carita SafeTruck that arises in whole or in part from the Ms.Carita SafeTruck Website shall be decided exclusively by a court of competent jurisdiction located in Alameda County California. These Terms and Conditions, together with the Privacy Notice at http://www.safetruck.com/privacy.html. and any other legal notices published by Ms.Carita SafeTruck on the Website, shall constitute the entire agreement between you and Ms.Carita SafeTruck concerning the Ms.Carita SafeTruck Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Ms.Carita SafeTruck's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Ms.Carita SafeTruck reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Ms.Carita SafeTruck Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND MS.CARITA SAFE TRUCK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MS.CARITA SAFE TRUCK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

 

 

 

 

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