User Content Submission Agreement and Release (“Release”)
By submitting or sharing a message, story, comment, photograph, video, audio recording, or other submission (collectively, “Content”) to The Foundation for The New Jersey Hall of Fame, Inc. (the “NJHOF”), you acknowledge and agree that you are legally bound by the terms and conditions set forth in this Release.
By submitting or sharing Content to the NJHOF by any media or method, you grant the NJHOF, its affiliates, and licensees the right to edit, copy, reproduce, incorporate, distribute, publicly display, or otherwise use such Content, or any portions, reproductions, derivations, compilations, or versions thereof, in any lawful manner, including, but not limited to, NJHOF fundraising appeals (via e-mail, postal mail, and online) and NJHOF marketing and promotional materials (including posters and apparel), in any format, media, or technology (now known or hereafter invented), an unlimited number of times, in perpetuity, throughout the world, without payment or compensation to ourself or any third parties.
To the extent permitted under applicable law, you hereby waive, release, and covenant not to assert any rights, title, or interest that you may have in the Content (including, but not limited to, any privacy or publicity right, intellectual property right, or right to inspect or approve the manner in which the Content is used), and in any additional Content that you may later choose to share, via any medium, in any subsequent communications that you have with the NJHOF regarding the original Content.
You represent and warrant that you own or have the right to use and permit the NJHOF to use such Content in the manner(s) stated above, and that such Content does not infringe any copyright, trademark, other intellectual property, proprietary, privacy, or publicity right of any third party. You further represent and warrant that you have obtained written authorization(s) to share such Content with the NJHOF from any and all recognizable persons appearing in the Content, and from any and all persons who provided or contributed to any of the Content, and shall provide such authorization(s) to the NJHOF upon request. If the content includes sound recordings such as music, you represent that you have obtained the appropriate permission or license to use the music and that the permission or license includes usage by third parties, including the NJHOF.
You agree to indemnify and hold harmless the NJHOF, its affiliates, licensees, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors, and assigns, from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) that may arise out of any use of the Content, or due to a breach of any of your representations or warranties in this Release.
The content submission service is provided “as is” with no warranties of any kind, express or implied and your use of the service is at your own risk. You are solely responsible for your content, the representations and obligations under this release and for any damages to your computer system or loss of data resulting from your use of the service. The NJHOF expressly disclaims any and all warranties, including, without limitation, warranties concerning access to or the availability, accuracy, usefulness or security of the service, any content, material, software, information, data, software, capabilities made available to you, resources, facilities, products or services, and warranties of title, non-infringement, merchantability or fitness for a particular purpose or that the service will function or perform in any particular manner.
The service is maintained on servers in the United States intended for users and use of the service that is not restricted or prohibited by law or regulation. The NJHOF disclaims all liability for any use not specifically authorized or that is in violation of this agreement or the laws or regulations that may apply to you in any jurisdiction or country. The NJHOF expressly disclaims all liability for any and all damages, whether direct, consequential, special, indirect, exemplary or punitive damages, howsoever arising or caused, whether foreseeable or not, regardless of the form of action or the basis or characterization of the claim and even if advised of the possibility of damages.
The NJHOF has the right to change the terms and conditions of this Release at any time. If you do not agree with all the terms and conditions of this Release at any time, including, without limitation, those times when we make changes, do not use, do not attempt to use, and immediately discontinue your use of, the Content submission features, because if you do any of these things you are agreeing to be bound by all of the terms and conditions of this Release, including, without limitation, any changes we have made.
You further represent and warrant that you are 18 years of age or older, and competent to enter this Release, or that this Release has been authorized by your parent or legal guardian.
By submitting the Content, you certify that you have read, understand, and agree to the foregoing terms and conditions.