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Thank you for participating in the 2021 3D Creative Design Competition (“Competition”) co-hosted by CLO Virtual Fashion, LLC—located at 16 E. 34th Street, New York, New York 10016, USA— and its affiliates (“CLO”), along with the Korean Textile Trade Association (“KTTA”).
Before you can proceed with any assignments as part of this Competition, you must accept these terms and conditions, the CLO-SET Terms of Service, and the CLO-SET Privacy Policy (collectively, the “Terms”). All capitalized terms mentioned below have their definition in the CLO-SET Terms of Service and our Privacy Policy, unless otherwise noted here
By clicking “OK,” “I accept,” or its equivalent, or by proceeding with any assignment or otherwise participating in this Competition beyond this point, you understand and agree:
If you who refuse to accept any part of these Terms, you should not proceed to any assignments or participate in this Competition beyond this point.
General information concerning the Competition (e.g. eligibility, registration, schedule, awards, sponsors, and FAQs) can be found on the Competition website (collectively, the “Rules”), but please read these Terms carefully as they contain important provisions concerning your rights and CLO’s rights to intellectual property and personal information.
Artworks. The intellectual property rights to artworks and any accompany material submitted to the Competition (the “Artworks”) shall belong to the respective contestant (“you”).
License to CLO In your capacity as a contestant, you agree to grant CLO a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, display, and publish any Artwork (including documents, patterns, sketches, artworks, photographs, likeness, illustrations, movies, and edits) for the purposes of carrying out this Competition, and for marketing and communication purposes, on any medium and for the longest duration of your intellectual property rights, as provided by applicable law. CLO agrees to clearly attribute the Artwork to you when displaying or publishing any such Artwork; except CLO shall not be required to attribute the Artwork to you when displaying or publishing such Artwork during the Competition, in order to ensure the fairness and integrity of the Competition, (e.g. when conducting popular votes).
Warranty and Indemnification. You warrant that you hold all intellectual property rights to all Artwork and that you have the right to grant the above-mentioned license to CLO. You also warrant to CLO that your Artwork do not in any way infringe or violate any contract with a third party or any third party’s rights (including, without limitation, their intellectual property rights) and that it is not subject to any third party claims or actions of infringement or invalidity. You agree to defend, hold harmless, and indemnify CLO against any third party claims that arise as a result of breach of this clause and you agree to pay any reasonable fees CLO may accrue in investigating, mitigating, or defending any such claims.
Personal Information and User Content. You agree that CLO may use your personal information for the purpose of conducting the Competition, for carrying out related initiatives (e.g. passing on your resume to interested and applicable sponsors), and for other legitimate purposes. For example, as explained in the CLO-SET Terms and the CLO-SET Privacy Policy:
If you have any privacy-related questions regarding CLO-SET, please contact privacy@clo-set.com.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR PARTICIPATION IN THIS COMPETITION IS AT YOUR SOLE RISK AND THAT THIS COMPETITION OR ANY SOFTWARE OR SERVICE PROVIDED TO YOU AS PART OF THE COMPETITION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. CLO will not be liable for any loss or damages arising from entering the Competition or in any other way relating to the Competition, except for any liability which cannot be excluded by law. CLO cannot be held responsible for any cost associated with winning awards, other than what is specified in the Rules. If costs such as taxes or loss of income would arise as a result of winning the Competition, any such costs will not be borne by CLO.
Class Action Waiver. You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to this Competition or your Artwork. You also agree not to seek to combine any action or arbitration related to this Competition or Artwork with any other action or arbitration without the consent of all parties to these Terms and all other actions or arbitrations.
Amicable Dispute Resolution. In the event of any dispute controversy, claim, question or disagreement (a “Claim”) arising out of or related to these Terms or the breach thereof, any issue that arises under these Terms, prior to taking any other dispute resolution measure, you agree to attempt to resolve the dispute amicably and informally to help get the parties to a resolution and control costs for both parties. The parties agree to make a good-faith effort to negotiate any dispute between the parties for at least thirty (30) calendar days (“Informal Resolution”).
Governing Law. If the parties fail to resolve such Claim amicably, any Claim arising out of or related to this Agreement shall be subject to the exclusive jurisdiction and venue of the state of New York County, New York and the federal courts located in the Southern District of New York, without recourse to the principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Notwithstanding the foregoing, nothing in the foregoing will prevent CLO from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.
