Terms and Conditions for Challenge Submissions
Thank you for your interest in the 1st International Prize Challenge on Agriculture-Vision (“Challenge”) in conjunction with IEEE/CVF CVPR Conference 2020. The Agriculture-Vision Workshop is hosting the Challenge to encourage research in developing algorithms for aerial agricultural image semantic segmentation. Entries created and submitted for the Challenge (“Submissions”) will be evaluated and ranked, and the top performing Submissions will receive prize rewards. For more details regarding the Challenge, including information about obtaining the subset of an Agriculture-Vision dataset for the Challenge (“Dataset”), please go to Agriculture-Vision Workshop page (“Workshop Page”). The Agriculture-Vision Workshop also provides a platform for research discussions via Google Groups here, where User may find and share useful ideas and knowledge about agriculture-vision research (“Workshop Group”).
These Terms and Conditions for Challenge Submissions (the “Agreement”) are between IntelinAir, Inc. (“IntelinAir”) and the individual or entity (“User”) participating in the Challenge, and govern User’s participation in the Challenge.
BY SUBMITTING A SUBMISSION IN CONNECTION WITH THE CHALLENGE, USER SIGNIFIES ITS AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF USER DOES NOT AGREE TO SUCH TERMS, CONDITIONS AND/OR NOTICES, USER MAY NOT SUBMIT A SUBMISSION OR OTHERWISE PARTICIPATE IN THE CHALLENGE.
User represents that it has full power, capacity, and authority to accept this Agreement. If an individual is accepting this Agreement on behalf of an employer or another entity: (a) such individual represents that such individual has full legal authority to bind such employer or such entity to this Agreement, and (b) such individual and such employer or entity shall both be bound by this Agreement as the User. If such individual is accepting on behalf of an employer or other entity and doesn’t have the legal authority to bind, then neither such individual nor such employer or other entity may submit a Submission or otherwise participate in the Challenge.
1. License to Submission. User hereby grants IntelinAir an irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free, worldwide license to use, store, modify, copy, distribute, publicly display and prepare derivative works from any Submission that User submits in connection with the Challenge. Without limiting the generality of the foregoing, IntelinAir will have the unrestricted right to use any such Submission for commercial purposes, including developing, enhancing and/or providing commercial products and services. The license granted in this Section 1 will survive any expiration or termination of this Agreement.
2. Ownership of Submission; Publication. Except for the license granted above, User shall retain all right, title and interest (including all associated intellectual property rights) in and to the Submission; provided, however, that User remains subject to terms, conditions and restrictions of the Terms and Conditions for Use of Dataset that User accepted in connection with obtaining the Dataset (“Dataset Terms”). Provided that User does not violate the Dataset Terms with respect to the underlying Dataset, User will be free to publicly disclose, and publish academic papers regarding, the Submission.
3. Termination. User has the right to terminate this Agreement, the Dataset Terms and/or User’s participation in the Challenge, at any time upon written notice to IntelinAir. IntelinAir has the right in its sole and absolute discretion to terminate this Agreement and/or the Dataset Terms immediately, and/or deny User’s participation in the Challenge in the event: (a) User violates this Agreement, the Dataset Terms or the participation requirements of the Challenge; or (b) User acts in any manner has the potential to damage the reputation of IntelinAir, the Agriculture-Vision Workshop, or their respective affiliated companies or licensors.
4. User’s Information. In connection with administering the Challenge, IntelinAir will have the right to collect, store and use User’s contact information, and User consents to such collection, storage and use. In addition, in the event that the Agriculture-Vision Workshop selects User as a winner of the Challenge, User expressly agrees that the Agriculture-Vision Workshop and IntelinAir may display and disclose User’s name, photograph, prize won, and other biographical information provided by User in marketing, advertising and other public announcements relating the Challenge and winners, in any and all media now or hereafter devised throughout the world, without additional compensation, notification, release or permission..
5. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) IN NO EVENT WILL INTELINAIR, THE AGRICULTURE-VISION WORKSHOP, OR THEIR RESPECTIVE AFFILIATED COMPANIES OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES); AND (B) IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF INTELINAIR, THE AGRICULTURE-VISION WORKSHOP, AND THEIR RESPECTIVE AFFILIATED COMPANIES AND LICENSORS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE CHALLENGE, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE AND STRICT LIABILITY, EXCEED $500. IN NO EVENT WILL INTELINAIR, THE AGRICULTURE-VISION WORKSHOP, OR THEIR RESPECTIVE AFFILIATED COMPANIES OR LICENSORS BE LIABLE IF THE CHALLENGE CANNOT BE IMPLEMENTED DUE TO CHANGES IN APPLICABLE LAW, DELAYS OR INTERRUPTIONS CAUSED BY ACTS OF GOD, OR OTHER FACTORS OUTSIDE OF THEIR REASONABLE CONTROL. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to User. To the extent IntelinAir may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of IntelinAir’ liability shall be the minimum permitted under such applicable law.
6. Indemnification. User agrees to indemnify, defend and hold harmless IntelinAir, the Agriculture-Vision Workshop, their affiliated companies, and their respective officers, directors, employees, subcontractors, agents and licensors (each an “Indemnitee”) from any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party against any Indemnitee to the extent that such Claim is based on, or arises out of: (a) User’s participation in the Challenge; (b) any breach of User’s obligations, representations or warranties in this Agreement; or (c) any violations of law, fraud, gross negligence or willful misconduct of User or its respective employees or subcontractors. User shall not settle any claim unless such settlement completely and forever releases the Indemnitee from all liability with respect to such claim or unless the IntelinAir Indemnitee consents to such settlement in writing (which consent shall not be unreasonably withheld).
7. Representations and Warranties; Disclaimers. User represents and warrants that: (a) it has all consents, approvals, licenses, and permissions necessary for it to perform all of its obligations under this Agreement and to grant the licenses granted herein; (b) User’s Submission does not violate applicable law or violate, infringe or misappropriate the intellectual property rights or other proprietary rights of any third party; (c) User’s Submission does not contain any viruses, Trojans, spyware, adware, or other malicious code; and (d) no portion of User’s Submission includes any software or other content licensed under any “open source” license under which IntelinAir’s use of such Submission pursuant to this Agreement would have the effect of imposing any restriction or duty upon IntelinAir, including subjecting IntelinAir’s data, software, or technology to the terms and conditions of such license or imposing a duty on IntelinAir to distribute source code from any software or technology of IntelinAir.
INTELINAIR, THE AGRICULTURE-VISION WORKSHOP AND THEIR RESPECTIVE AFFILIATES AND LICENSORS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CHALLENGE OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND EACH SUCH PARTY HEREBY DISCLAIMS THE SAME.
Some links within this Agreement and the Workshop Page may lead to third-party websites, such as the Workshop Group. IntelinAir does not warrant, sponsor, endorse or otherwise approve of the materials appearing in the Workshop Group or any other such sites. User further acknowledges and agrees that IntelinAir shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through the Workshop Group or any other such site or resource.
8. Additional Challenge Terms and Conditions. No purchase or fee is required to participate in the Challenge. Open to legal residents of the 50 United States and Washington, D.C., age 18 years or older at time of entry. Subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Employees and their immediate families of IntelinAir and the Agriculture-Vision Workshop, and of their respective company affiliates, are not eligible to submit Submissions. Odds of winning depend on the total number of eligible Submissions received in the Challenge. To receive a prize, at the discretion of IntelinAir, User may be required to sign a version of this Agreement and/or another release. The dates of the Challenge, deadline for entry, method of entry and other details regarding the Challenge can be found on the Workshop Page.
9. Miscellaneous. Sections 1, 2, 4, 5, 6, 7, 8 and 9 shall survive any expiration or termination of this Agreement. User shall not assign this Agreement without the prior written consent of IntelinAir. Any attempt by User to assign other than in accordance with this provision shall be null and void. No amendment of any provision of this Agreement shall be effective unless set forth in a writing signed by a representative of User and IntelinAir, and then only to the extent specifically set forth therein. No waiver by either party of any condition or the breach of any provision of this Agreement in any one or more instances shall be deemed a further or continuing waiver of the same or any other condition or provision. This Agreement shall be governed by the laws of the State of California, without regard to its conflict of law rules. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts located in Los Angeles County, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and thereof. If any term of this Agreement or part hereof not essential to the commercial purpose of this Agreement shall be held to be illegal, invalid or unenforceable, it is the intention of the parties that the remaining terms hereof or part hereof shall constitute their agreement with respect to the subject matter hereof and thereof and all such remaining terms, or parts thereof, shall remain in full force and effect.
10. Contacting the Agriculture-Vision Workshop. If User has any inquiries regarding the Agriculture-Vision Workshop, Challenge, Dataset, this Agreement or other issues, User may contact the workshop.