AMENDMENT dated 05.28.2013:
The final recommendation has to be sent before June 23th, 2013 at 11:59 pm.
AMENDMENT dated 03.20.2013:
The challenge is open to the participation of young graduates who left university more than two years ago (school year 2010/2011) if they follow the UBIFRANCE Volunteer for International Experience (V.I.E.) programme.
The convention with UBIFRANCE will be required to validate their participation.
CHALLENGE REGULATIONS " CITY OF TOMORROW "
ARTICLE 1 – Challenge Organization
STUDYKA on the Studyka.com.com, SAS with capital of 47 062 €, registered under the number 530 774 439 RCS Paris, domiciled at 5 Rue des Suisses 75014 PARIS, hereinafter designated as "Organizing Company" is organizing a Challenge “City of Tomorrow”, hereinafter designated as the "Challenge ".
The following companies :
Saint Gobin, 18 av. d'Alsace - 92 400 Courbevoie, RCS n° NANTERRE B 542 039 532
Eiffage Construction, 11 Place de l'Europe - BP 46 - 78141 Vélizy-Villacoublay Cedex - RCS n° Versailles B 552 000 762
Pôle de compétitivité ADVANCITY. 6-8 av. Blaise Pascal, Champs-sur-Marne, 77455 Marne-la-Vallée Cedex 2. SIREN : 482 828 097
Agence Descartes Développement headquartered at16 rue Albert Einstein - Cité Descartes - 77420 Champs-sur-Marne, SIRET n° 524 514 338 00028
hereinafter designated as "Partner Companies", support the Organizing Company in the Challenge organization, and designate the winners.
The duration of the Challenge is scheduled from March 18th, 2013 to October 30th, 2013 included. The Partner Companies reserve the right to extend the Challenge if necessary. In any case, it could not be suited as responsible. Therefore no compensation could be claimed. In such circumstances, the Organizing Company will establish the technical means to inform the participants on the site.
ARTICLE 2 – Participation to the Challenge
2.1 Participating in this Challenge is free and without purchase obligation. Are allowed to participate: Current students in higher education or students that have been graduated since 2 years and less (graduated in 2010/2011).
There is only one entry per person at the Challenge.
2.2 All Participants must certify being major at the begining of the Challenge.
The Organizing Company reserves the right to disqualify any participant minor.
Moreover, it is stated that the surrender of the endowment will be conditional upon the presentation by the winner of the Challenge of an identity card proving his majority and a student card not older than 2 years (graduation year max: 2010/2011).
2.3 Participants must form teams from two (2) to three (3) members.
2.4 Each participant must create a user account on Studyka.com (www.studyka.com), hereinafter the "Studyka.com" for the remote transmission of recommendations indicating:
- Title, Family name, first name, email.
2.5 Participant of the Challenge accept to be contacted via e-mail by Studyka or The Partner Companies during the Challenge “City of Tomorrow”
2.6 Employees and representatives of the Organizing Company and the Partner Companies cannot participate in the challenge, and neither the members of their family (parents, children, spouses).
ARTICLE 3 – Modalities
3.1 Before participating in the Challenge, participants must read these rules carefully and accept the terms in their entirety. Participants agree to abide by these rules and agree that in case of violation of one of theses clauses, the Organizing Company can consider the participation and / or the prize as void. Every date clearly defined in these rules is in ParisTime Zone (GMT +1)
3.2 The Challenge consists in making contributions by team in digital format (for example Word (.doc), PowerPoint (.ppt) and Keynotes (.key)), referred to hereinafter "Recommendations", in response to the “Issue” and the "Rules of the game " described on the "brief" of the "City of Tomorrow" on the Studyka.com.
3.3 Preselection: participating teams must send before the April 28th 2013 at 11:59 pm a team presentation in PDF format (presentation form can be upload at www.studyka.com/ct-challenge) where their team and thier concept will be presented briefly.
Maximum thirty (30) participating teams will be preselected and will have to send a final recommendation before June 23th, 2013 at 11:59 pm. A Recommendation is a detailed presentation of their concept at least.
Form is free even though we will give value to any initiative aiming at illustrating the project. Other media to illustrate the consistency, feasibility, and the identity of your project will be favorably considered by the jury (videos, models, modeling, graphical creation, experimentation...).
The Partner Companies are available for the teams if they need support while working on their project. Moreover, preselected team will benefit from a “joker” to get a review of their work or organize a cam meeting with a manager from the Partner Companies.
3.4 After the Challenge, ten (10) winning teams will be selected. The number of Recommendations posted by each team participating in the Challenge is limited to two: a preselection Recommendation and a final Recommendation.
3.5 At the end of the Challenge, Partner Companies will have the possibility to email all participants in order to propose them a job interview . For this purpose, their name, first name, email address, and school they have informed on Studyka.com will be forwarded to the Partner Companies.
They can ask not to be contacted by sending an email to email@example.com.
ARTICLE 4 – The Characteristics Recommendations
The characteristics of the Recommendations accepted for the Challenge are set by the Partner Companies.
4.1 The recommendations submitted to the Challenge must relate to the theme "Imagine the City of Tomorrow”. These recommendations are described on the tab "brief" of the project "City of Tomorrow" on the Studyka.com.
4.2 A partial list of accepted formats of the Recommendations in the Challenge are: DOC/DOCX/PPT/PPTX/KEY/MP3/MOV/MPEG.
4.3 Participants must specify in the description of the Recommendations, when uploaded, the source elements (music, text, picture) they may have used.
4.4 Each participant guarantees that the content of the Recommendation does not violate the laws and regulations, including those relating to the infringement, defamation, decency or privacy.
4.5 It is strongly recommended that participants keep a copy of the recommendations submitted to the Challenge.
4.6 Participants must stick to all requirements relating to recommendations and Challenge. The Organizing and / or Partner Companies have the right to refuse and to withdraw from the challenge any recommendation that does not meet the characteristics described above.
ARTICLE 5 – Preselection and Selection of winners
5.1 Thirty (30) preselection Recommendations are designated at the end of the Challenge by a jury, hereinafter called "Jury" composed of members of the Partner Companies, with the skills necessary to choose among the recommendations submitted by the participants.
Five (5) final Recommendations will be designated by the “Jury”. This designation will occur no later than October 15th, 2013 at 11:59pm.
One (1) final Recommendations will be designated by the public, though votes that will be expressed via Facebook “likes” on the Challenge webpage. Thanks to this vote, this team will win its place among the six (6) first teams.
The six (6) first teams authors of these Recommendations will be ranked during a presentation to a jury, hereinafter called the "Final jury" presided by Advancity and composed of trained professionals with the skills necessary to choose among the recommendations submitted by the participants This presentation will take place in October 2013 on the Cité Descartes Campus. More precisions will be given. Students unable to come to the event will be proposed to make a video presentation of their work.
5.2 The Jury and the Final Jury will note Recommendations according to criteria of relevance, originality, realism, framing and consistency with the theme of the Challenge.
5.3 Winners will be notified by the Organizing Company by email to the address entered at the creation of the user account on the Studyka.com, and will receive a notification on their account Studyka.com. If a winner does not respond to this email before the deadline mentioned in the email, or if the winning Recommendation does not meet the requirements for guarantees set out in the Regulations, the Partner Companies will be able to designate an alternate winner or not to award the prize.
5.4 The selection and appointment of the winners are conditioned to participation, at the end of the Challenge, a minimum of eight (8) teams participating. This minimum is justified by the need for Partner Companies to provide a sufficient range of recommendations to ensure a fair selection of the winners.
The Partner Companies will be entitled to cancel, extend or defer the Challenge in the case where there would be less than eight (8) teams participating after the registration period for the Challenge.
ARTICLE 6 – Endowments
6.1 In return for the transfer of exploitation rights mentioned in Article 7 of the Rules, the winners receive the following prizes:
The six (6) first will be invited to an award ceremony on Cité Descartes Campus in France during October at a date that will be known later.
The six (6) first teams will have the opportunity to present their project in front of a prestigious jury of The Partner Companies (Final Jury). They will rank the six (6) first teams work before the November 30th 2013 at 11:59 pm. Besides internship and/or job opportunities within the Partner Companies (according to the background and year of study), winning teams will be granted:
Winning team – n°1
√ For each member: a week in an international city travel and accomodation included (amount: 1000€/p. – or an equivalent value prize in gift certificate)
√ For each member: a trip (fly+hotel) for the destination of their choice (amount: 500€/p. - or an equivalent value prize in gift ertificate)
√ For each member: an iPad Mini (amount: 339€/p. – or an equivalent value prize in gift certificate)
√ For each member: a Kindle Fire (amount: 159€/p. – or an equivalent value prize in gift certificate)
Team n°5 to 10
√ For each member: gift vouchers (amount: 50€/p.)
6.2 The Partner Companies will give the awards to the participating teams.
6.3 As necessary, it is clear that delivery of the endowment is conditional upon the delivery by the winner to the Partner Companies of the Master of the Recommendation on the format and the media that will be asked.
ARTICLE 7 – Intellectual Property Rights
“Intellectual Property Rights": means any invention, any copyright and right on a brand, a model, and more generally any element that could be protected by laws or international conventions on intellectual property.
7.2 Each Recommendation, which involved several participants, is a collective work.
7.3 Every participant agrees not to disclose the work of his team before the November 31st 2013.
7.4 Every Recommendation uploaded by the participating teams on Studyka.com will be put online under the Licence “Attribution-NonCommercial-ShareAlike 3.0 Unported” (“Licence”) Appendix 1 of these Rules.
7.5 Each participant agrees to transfer the intellectual property it has acquired on the Recommendation to the Partner Companies, for free, globally and with no more restriction than specified in the Licence.
In case of modification, transformation or adaptation of the Recommendations, the Partner Companies will be able to distribute the derivative work only in the terms specified by the License.
ARTICLE 8 – Guarantee
8.1 Each participant guarantees that he is co-author and co-owner of intellectual property rights on the Recommendation to which he has participated.
8.2 Each participant guarantees that the Recommendation is original and unpublished, it doesn’t infringes copyright of any third party, and that all its components and all the informations it communicates through Recommendation are accurate, reliable and complete.
8.3 Each participant guarantees the Organizing Company and the Partner Companies against any trouble, action, claim, opposition, and claim any eviction from a third party.
ARTICLE 9 – Reimbursement of Participating costs
Participants could request before May 31st, 2031 (the letter must be postmarked by this date) the refund of connection fees for the participation in Challenge on the basis of 9 minutes flat connection that means 0, 66 € TTC and the reimbursement of postage incurred in the claim of reimbursement and / or any written application for the settlement (based on the going rate - slow rate 20g).
Participants do not pay connection fees related to the duration of calls (a subscription "unlimited", users of cable, DSL etc.) can not get a refund because in this case the fact to access the Challenge doesn’t causes any extra cost.
All requests for refund by the participant must be sent to the following address: STUDYKA, 5 Rue des Suisses - Paris (75014), and come with documentary evidence of expenses incurred for participation in the Challenge.
The refund request should include:
• Full contact details (name, address, zip code, city name and email)
• Bank details (bank details) or RIP (Record of Identity Postal);
• Indicate the date, time and duration of connection to the site for participation in the Challenge;
• Copy of the itemized bill from the telephone operator and / or provider to which he subscribes, showing the date and time of its connections to the Website for the period, he must identify it.
Request cannot be done by phone or email.
Only one reimbursement per person (same name - same address) will be accepted.
All claims unreadable or giving incorrect address or sent after the deadline specified above, will not be processed.
The Reimbursement will be made by bank transfer after checking the legitimacy of the request.
ARTICLE 10 – Respect for the integrity of the Challenge
The Partner Companies hold the right to cancel, cut short, suspend the Challenge if it appears that fraud has occurred, including by computer as part of participation in the Challenge. In this case, they hold the right, not to award prizes and / or sue the perpetrators of these frauds.
ARTICLE 11 – Organizing Company and Partner Companies Intellectual Property
11.1 All trademarks, logos, text, icons, domain names, software available on the Studyka.com, except uploaded Recommendations by participants in the Challenge and the possible elements property of the Partner Companies, are the intellectual property exclusive of the Organizing Company.
Participation in the Challenge is in no case an authorization to use or acquire ownership of the trademarks, logos, inventions and intellectual property rights of the Organizing Company.
11.2 The trademarks and logos of “The Partner Companies” are the exclusive property of the Partner Companies. Participating in the Challenge does not allow in no case an authorization to use or acquire ownership of the trademarks, logos, inventions and intellectual property rights of the Partner Companies.
ARTICLE 12 – Personal Datas
The winners agree in advance the possible publication in any medias, of their name, first name and / or city of residence without being able to claim any compensation or damages of any nature whatsoever.
Notably, one participant, if he wins, authorizes the Partner Companies, without charge, to freely use his name, first name and city of residence in the possible online publication of the winner.
Under the law 78-17 of January 6th, 1978, as amended by the Act of 2004 6th August relating to computers, files and freedoms, every person has a right of access, opposition and rectify data concerning himself. The recipient of personal data recorded by the participants of the Challenge is the company STUDYKA.
For any claim, you will write to: STUDYKA, 5 Rue des Suisses 75014 Paris, indicating: "Participation in the Challenge City of Tomorrow ".
ARTICLE 13 – Curtailment of responsibility
13.1 The Organizer Company hold the right to shorten, extend or cancel the operation if circumstances require. As a result, his liability may not be incurred, neither because of any malfunction of the Internet, transmission defect, loss of Recommendations uploaded to the Studyka.com nor insufficient participants or any case.
The participation in the Challenge implies knowledge and acceptance of the characteristics and limitations of Internet.
The connection of any person to the website www.studyka.com and participation in the Challenge is the sole responsibility of each participant, as a result, the responsibility of the Organizer Company shall not be incurred.
13.2 In case of major event, the Organizer Company hold the right to alter, shorten, extend, suspend and cancel the Challenge before the end of the period of participation. In this case, the Organizer Company undertakes to notify the Partner Companies and participants in the shortest possible time, by a statement on the Studyka.com or Blog Studyka. These regulations
may be changed at any time in the form of an endorsement by the Organizer Company, after consultation with the Partner Companies, in compliance with the conditions set forth, and published online on the Studyka.com.
13.3 The Organizer Company will not be hold responsible for any trouble, action, complaint, opposition or claim linked to the use of the Recommendations by the Partner Companies not specified in the Rules or linked to the negotiation, conclusion or execution of contracts signed with participants, since the Organizer Company did not intervene directly.
13.4 At any time during the challenge, participants are not subject to any subordination vis-àvis the Organizer Company or the Partner Companies.
ARTICLE 14 – Applicable law and juridiction
This rules are under french law. Any dispute, which cannot be settled amicably, shall be submitted to the jurisdiction of the courts of jurisdiction in Paris.
Any claim relating to the Game must be made within a period not exceeding 90 (ninety) days from the date of participation.
ARTICLE 15 – Filing of the Regulation
The Regulation of the Challenge is filed with the SCPLevel - Bornecque Winandy - Bru Nifosi, associated bailiff, 15, Passage du Marquis de la Londe- 78000 – Versailles. It is available for consultation on the Studyka.com. A written copy of the rules will be sent free of charge, to any person who makes the request before the close of the Challenge. This request must be sent by mail only, to STUDYKA - "City of Tomorrow" - 5 Rue des Suisses 75014 PARIS. The stamp of claim is refunded as well. The participant has to joint written request to the current slow rate ( full name and address of the participant, the title of the challenge need to be precised), and including a bank details (or RIP, or RICE).
APPENDIX 1 – Creative Commons License Attribution
NonCommercial-ShareAlike 3.0 License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
a. "Adaptation" means a work based upon the Work, or upon the Work and other preexisting works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(g) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.
c. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.
d. "License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, Noncommercial, ShareAlike.
e. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
f. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
g. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work
performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
h. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
i. "Publicly Perform" means to perform public recitations of the Work and to
communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
j. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
b. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";
c. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
d. to Distribute and Publicly Perform Adaptations. The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights
described in Section 4(e).
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License.
This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor
You must, to the extent practicable, remove from the Collection any credit as required by Section 4(d), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(d), as requested.
b. You may Distribute or Publicly Perform an Adaptation only under: (i) the terms of this License; (ii) a later version of this License with the same License Elements as this License; (iii) a Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g., Attribution-NonCommercial-ShareAlike 3.0 US) ("Applicable License"). You must include a copy of, or the URI, for Applicable License with every copy of each Adaptation You Distribute or Publicly Perform.
You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable License or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable License. You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Adaptation, You may not impose any effective technological measures on the Adaptation that restrict the ability of a recipient of the
Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies to the Adaptation as incorporated in a Collection, but this does not require the Collection apart from the Adaptation itself to be made subject to the terms of the Applicable License.
c. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
d. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, (iv) consistent with Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author").
The credit required by this Section 4(d) may be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
e. For the avoidance of doubt:
i. Non-waivable Compulsory License Schemes. In those jurisdictions in
which the right to collect royalties through any statutory or compulsory
licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License;
ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing
scheme can be waived, the Licensor reserves the exclusive right to collect
such royalties for any exercise by You of the rights granted under this
License if Your exercise of such rights is for a purpose or use which is
otherwise than noncommercial as permitted under Section 4(c) and otherwise waives the right to collect royalties through any statutory or compulsory licensing scheme; and,
iii. Voluntary License Schemes. The Licensor reserves the right to collect
royalties, whether individually or, in the event that the Licensor is a member
of a collecting society that administers voluntary licensing schemes, via that
society, from any exercise by You of the rights granted under this License
that is for a purpose or use which is otherwise than noncommercial as
permitted under Section 4(c).
f. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force
and effect unless terminated as stated above.
a. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
b. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
d. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
e. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such
additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
Creative Commons Notice
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this License.