Sarah Showfety, doing business as Dear Baby XO (“Dear Baby XO”), owns and operates www.dearbabyxo.com, www.facebook.com/dearbabyxo, www.instagram.com/dearbabyxo, www.twitter.com/dearbabyxo and www.pinterest.com/dearbabyxo. (collectively “Dear Baby XO web sites”). This Submission Release sets forth the legally binding provisions relating to files you (“You”) submit to Dear Baby XO.
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 Dear Baby XO, and its successors, assigns, heirs and licensees 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 Dear Baby XO permission to use Your Materials on the Dear Baby XO Websites in perpetuity, and in any advertising, promotion and publicity related thereto. You agree that Dear Baby XO 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 Dear Baby XO may in its sole discretion determine; to use them as Dear Baby XO in its sole discretion 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 give Dear Baby XO the permission to imprint your materials with the watermark of Dear Baby XO.
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 Dear Baby XO on behalf of such minors.
You agree to indemnify, defend, and hold Dear Baby XO 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 Dear Baby XO hereunder or to enjoin the publication, production, exhibition or distribution or exploitation of any work based thereon.
IN NO EVENT WILL DEAR BABY XO 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 DEAR BABY XO WEBSITES. DEAR BABY XO 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 agree that this Submission Release constitutes Your entire agreement and complete understanding with Dear Baby XO, and that all prior or contemporaneous promises, understandings and agreements, oral or written, are merged into and included in this written instrument. You agree also that Dear Baby XO is under no obligation to make use of any right or privilege that You have granted herein.
This Submission Release shall bind Your heirs, administrators, representatives, executors and assigns forever. Dear Baby XO shall have the right to assign any or all of its rights hereunder to any person, firm or entity in Dear Baby XO’s sole discretion. You may not assign this Submission Release to any third party, and any purported attempt to do so shall be deemed null and void ab initio.
You give Dear Baby XO the foregoing permission with the knowledge and understanding that Dear Baby XO will incur substantial expense in reliance thereon. If any part of this Submission Release is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You acknowledge and understand that this Submission Release shall be governed in all respects by the laws of the United States of America and by the laws of the State of New Jersey without regard to the conflicts of laws and principals thereof.
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 SUBMISSION RELEASE AND FULLY UNDERSTAND AND FREELY ACCEPT THE CONTENTS AND MEANING OF THIS SUBMISSION RELEASE. YOU AGREE TO BE BOUND HEREBY AND INDICATE YOUR ACCEPTANCE OF THESE TERMS BY CLICKING THE BOX BELOW. Your electronic consent to this Submission Release (or to any other agreement between Dear Baby XO 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 Submission Release manually. Upon request by Dear Baby XO, You agree to sign a non-electronic version of this Submission Release. A printed version of this Submission 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 Submission 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 Submission 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 Submission Release remaining in full force and effect.
By clicking “I agree”, You agree to the terms and conditions specified by this Submission Release with Dear Baby XO. If You do not agree, close this window – You will not be able to submit files (i.e., Your Materials, above) to any Dear Baby XO web sites.
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 Dear Baby XO, and its successors, assigns, heirs and licensees 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 Dear Baby XO permission to use Your Materials on the Dear Baby XO Websites in perpetuity, and in any advertising, promotion and publicity related thereto. You agree that Dear Baby XO 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 Dear Baby XO may in its sole discretion determine; to use them as Dear Baby XO in its sole discretion 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 give Dear Baby XO the permission to imprint your materials with the watermark of Dear Baby XO.
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 Dear Baby XO on behalf of such minors.
You agree to indemnify, defend, and hold Dear Baby XO 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 Dear Baby XO hereunder or to enjoin the publication, production, exhibition or distribution or exploitation of any work based thereon.
IN NO EVENT WILL DEAR BABY XO 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 DEAR BABY XO WEBSITES. DEAR BABY XO 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 agree that this Submission Release constitutes Your entire agreement and complete understanding with Dear Baby XO, and that all prior or contemporaneous promises, understandings and agreements, oral or written, are merged into and included in this written instrument. You agree also that Dear Baby XO is under no obligation to make use of any right or privilege that You have granted herein.
This Submission Release shall bind Your heirs, administrators, representatives, executors and assigns forever. Dear Baby XO shall have the right to assign any or all of its rights hereunder to any person, firm or entity in Dear Baby XO’s sole discretion. You may not assign this Submission Release to any third party, and any purported attempt to do so shall be deemed null and void ab initio.
You give Dear Baby XO the foregoing permission with the knowledge and understanding that Dear Baby XO will incur substantial expense in reliance thereon. If any part of this Submission Release is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You acknowledge and understand that this Submission Release shall be governed in all respects by the laws of the United States of America and by the laws of the State of New Jersey without regard to the conflicts of laws and principals thereof.
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 SUBMISSION RELEASE AND FULLY UNDERSTAND AND FREELY ACCEPT THE CONTENTS AND MEANING OF THIS SUBMISSION RELEASE. YOU AGREE TO BE BOUND HEREBY AND INDICATE YOUR ACCEPTANCE OF THESE TERMS BY CLICKING THE BOX BELOW. Your electronic consent to this Submission Release (or to any other agreement between Dear Baby XO 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 Submission Release manually. Upon request by Dear Baby XO, You agree to sign a non-electronic version of this Submission Release. A printed version of this Submission 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 Submission 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 Submission 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 Submission Release remaining in full force and effect.
By clicking “I agree”, You agree to the terms and conditions specified by this Submission Release with Dear Baby XO. If You do not agree, close this window – You will not be able to submit files (i.e., Your Materials, above) to any Dear Baby XO web sites.