User-Generated Content; License; Representations
- Submissions. Users may submit content, including images, text, graphics, and other materials (“User Content”). You are solely responsible for your User Content and the consequences of submitting it.
- License to NJFamily.com. By submitting User Content, you grant NJFamily.com and its affiliates a worldwide, royalty-free, non-exclusive, irrevocable (for the duration of rights), sublicensable and transferable license to use, host, store, reproduce, modify for formatting, adapt, publish, translate, create derivative works for formatting or promotion, publicly perform, publicly display, distribute, and otherwise exploit the User Content, in whole or in part, in any media now known or later developed, including on NJFamily.com properties, emails, and social media channels, and in promotional and marketing materials.
- Representations and Warranties. You represent and warrant that:
a. You own the User Content or have written permission from the rights holder to submit it and to grant the license above.
b. Your submission does not and will not infringe, misappropriate, or violate any copyright, trademark, moral right, right of publicity or privacy, or other right of any person or entity.
c. You have obtained all required releases and consents, including from any individuals depicted, and for any minors, from a parent or legal guardian.
d. If you submit on behalf of an organization, you have full authority to bind that organization.
e. You will provide documentary proof of your rights upon NJFamily.com’s request. - Indemnification. You will defend, indemnify, and hold harmless NJFamily.com, its parent, subsidiaries, affiliates, and their respective owners, officers, directors, employees, contractors, and agents from and against all claims, demands, actions, suits, proceedings, damages, liabilities, judgments, fines, penalties, settlements, losses, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to your User Content, your breach of these Terms, or any allegation that your User Content infringes, misappropriates, or violates any rights of a third party. NJFamily.com may tender the defense to you and you will retain counsel reasonably acceptable to NJFamily.com, at your expense. NJFamily.com may participate with its own counsel at its own expense. You will not settle any matter without NJFamily.com’s prior written consent.
- Removal; Cooperation. NJFamily.com may remove or disable access to any User Content at any time in its discretion. You agree to promptly cooperate with NJFamily.com to resolve any third-party complaint or rights inquiry regarding your User Content.
- Governing Law; Venue. These Terms and any dispute relating to User Content are governed by the laws of the State of New Jersey, without regard to conflict of laws principles. You consent to exclusive jurisdiction and venue in the state courts located in Bergen County, New Jersey (or appropriate federal court in the State of New Jersey), and waive any objection to personal jurisdiction or venue in those courts.
- Survival. The license grant and indemnification obligations survive termination of your account or these Terms.
