Photograph & Personal Story Submission Policy

Effective Date: October 1st, 2020

This Photograph & Personal Story Submission Policy (the “Policy”) explains how Agendia (“Agendia”, “we” or “us”) may use, disclose and secure any digital images and/or other information that you submit in connection with our “I AM HERE” campaign and portrait series.

We have locations in the United States and in the Netherlands. If you are a U.S. citizen, please refer to our website Privacy Policy. If you are an EU citizen, please refer to our EU Privacy Notice. If you are visiting from the European Union or other regions with laws governing data collection and use, you agree to the transfer of your image(s) and other information to the United States where it is determined to be necessary for the purposes identified below.

By accessing our website and submitting your image(s) and/or other information, you state that you are the age of majority in your jurisdiction of residence and that you consent to and agree to be bound by the terms of this Policy and the terms of the “I AM HERE” campaign, as follows.

1. You acknowledge and agree that Agendia and its affiliates may use any and all images and information you submit in internal and external marketing materials and on Agendia’s (or an affiliate’s) website, any other website, any social media platform or service, and/or in any print media.

2. If you are not the individual who is the subject of the image or information you submit to us, then you must obtain the explicit consent of that individual (or his/her parent/legal guardian if he/she is under the age of majority in the jurisdiction of residence) prior to submitting any image or information to us, and in accordance with applicable law. If any image you submit depicts more than one individual, then you must also obtain the prior consent of every identifiable person (or his/her parent/legal guardian if he/she is under the age of majority in the jurisdiction of residence) who appears in the image. If you cannot obtain the required consent from any such identifiable person, then his/her face must be blurred out or otherwise rendered unidentifiable.  You agree to provide Agendia, upon request, with evidence of these consents, which must, among other things, acknowledge and agree to the grant of rights to Agendia and its affiliates described in Section 5 and 6 of this Policy.

4. By submitting any image or information to us, you represent that you have the right to share such image or information, including (without limitation) intellectual property such as trademarks and creative material subject to copyright protection. If applicable, you must obtain consent from every person who helped you create your posted materials (e.g. photographer).

5. You hereby grant to Agendia and its affiliates a worldwide, nonexclusive, royalty-free, perpetual right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display any images and information, in whole or in part, in any manner or media, (b) modify, adapt, translate and create derivative works from any submitted materials, in whole or in part, in any manner or media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.

6. You hereby grant to Agendia and its affiliates and sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in any image and/or information you submit. You grant Agendia and its affiliates and sublicensees the right to use the name that you submit in connection with any image or information you submit.

7. By submitting any image or information to us, you acknowledge and agree that Agendia is not liable for any errors or omissions in the portraits, images, or other information, if any, that may eventually be posted on our website, and/or any other website or social media platform or service, and/or in any print media in connection with the I AM HERE campaign or for any other purpose, and all participants (and their parent/legal guardian if under the age of majority in their jurisdiction of residence) agree to release and hold harmless Agendia for any loss or damages suffered as a result of the portraits, images, and/or other information, if any, appearing on our website, and/or any other website or social media platform or service, and/or in any print media. Agendia accepts no liability whatsoever for any loss, expense, cost, or claim; or for any direct, indirect or consequential damages that may arise in connection with your submission of any image or information in connection with the I AM HERE campaign.

8. Our website is controlled and operated by us. By choosing to visit our website or otherwise electronically provide information to us, you agree that any dispute over privacy or the terms contained in this Policy will be governed by applicable laws and regulations in the United States and the European Union. If you are accessing our website from any location with applicable laws or regulations governing the collection, use or disclosure of personal data, which differ from United States and EU, please note that through your continued use of our website, you are transferring personal information and you consent to that transfer and to the collection and processing of such information. You also expressly consent to the adjudication of any disputes arising in connection with our website, the I AM HERE campaign, and/or your submission of any image or information in connection with that campaign, in the State of California, United States. You also agree to attempt to mediate any such disputes before an action is filed in a federal or state court.

9. We reserve the right to change any of the terms of this Policy and/or of participation in the I AM HERE campaign at any time in our sole discretion.