My Life and Kids Terms & Conditions
This submission release (“Release”) sets forth the legally binding provisions relating to files you (“You”) submit to My Life and Kids.
By uploading any photographs, videos, and/or written materials including, without limitation, captions and stories (collectively, “Your Materials”), You certify and acknowledge that You wholly own all intellectual property rights, including without limitation, copyright, trademark, patent, and publicity rights, in Your Materials or have the sole and exclusive right to permit My Life and Kids to use, edit, publish and otherwise exploit Your Materials and Your name in connection with Your Materials without obligation or liability to You or any other party whatsoever.
You hereby grant My Life and Kids permission to use Your Materials on the My Life and Kids website in perpetuity, and in any advertising, promotion and publicity related thereto. You agree that My Life and Kids shall have the right to edit, change, add to, take from, rearrange, vary, embellish, alter, modify, revise, translate, reformat and/or reprocess Your Materials in any manner. My Life and Kids may in its sole discretion determine; to use them as My Life and Kids may determine; and to make derivative works of the same, in whole or in part, without notifying You and without obligation to You. You waive any right to inspect or approve the final display or other exploitation of Your Materials now or in the future, whether that use is known to You or unknown, and You waive any right to royalties or any other compensation arising from or related to the use of Your Materials.
You represent and warrant that if any minors appear in Your Materials, You are the mother, father or duly appointed guardian of such minors or have the irrevocable permission of the parents or duly appointed guardian(s) of such minors to grant the rights set forth herein to My Life and Kids on behalf of such minors.
You agree to indemnify, defend, and hold My Life and Kids harmless from and against any and all liability, losses, damages, costs, expenses (including but not limited to attorneys’ fees), judgments and penalties arising out of, resulting from, based upon or incurred because of the breach of any warranty, representation or agreement made by You hereunder (including, without limitation, with respect to any claims that You lack the authority to grant all of the rights (including rights of third parties and minors) herein granted). You agree that You will have no rights to terminate or rescind any rights granted to My Life and Kids hereunder or to enjoin the publication, production, exhibition or distribution or exploitation of any work based thereon.
IN NO EVENT WILL MY LIFE AND KIDS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR USE OF MY LIFE AND KIDS WEBSITE, YOUR SUBMISSION OF YOUR MATERIALS TO MY LIFE AND KIDS, OR YOUR REMOVAL FROM MY LIFE AND KIDS OF, OR DISCONTINUATION OF ACCESS TO, YOUR MATERIALS. MY LIFE AND KIDS DOES NOT NOW AND SHALL NOT IN THE FUTURE HAVE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF YOUR INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OF MATERIAL.
You acknowledge that this Release constitutes the entire agreement between You and My Life and Kids with respect to the subject matter hereof, and all prior agreements, negotiations and understandings with respect to the subject matter hereof are canceled and superseded by this Release.
You acknowledge and understand that the laws of the State of Ohio control the construction, interpretation and effect of this Release. Any disputes that arise in connection with this agreement shall be resolved by the state and federal courts situated within Hamilton County, OH. To the maximum extent permitted by law, You hereby consent to the personal jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
You certify that You are the age of majority in Your state of residence (which is typically 18 years of age in most states) and competent to contract in Your own name. YOU HAVE READ THIS RELEASE AND FULLY UNDERSTAND AND FREELY ACCEPT THE CONTENTS AND MEANING OF THIS RELEASE. YOU AGREE TO BE BOUND HEREBY AND INDICATE YOUR ACCEPTANCE OF THESE TERMS BY CLICKING THE BOX BELOW. Your electronic consent to this Release (or to any other agreement between My Life and Kids and You), whether by clicking the box below or similar buttons provided in conjunction with any such agreement, shall constitute Your electronic signature, and shall be of the same effect as if You had signed such Release manually. Upon request by My Life and Kids, You agree to sign a non-electronic version of this Release. A printed version of this Release and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Release to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this Release is found invalid, illegal, or unenforceable, such provision shall be deemed amended to conform to applicable laws or, if it cannot be so amended without materially altering the parties’ intention, it shall be stricken, the remainder of this Release remaining in full force and effect.
By clicking “I agree”, You agree to the terms and conditions specified by this Release with My Life and Kids. If You do not agree, close this window – You will not be able to submit files (i.e., Your Materials, above) to www.mylifeandkids.com.