NapsHappen – Guest Napper Terms and Conditions
Alicia Steffann, doing business as Naps Happen (“Naps Happen”), owns and operates www.napshappen.net and www.napshappen.wordpress.com (collectively “Naps Happen Websites”). This Submission Release sets forth the legally binding provisions relating to files you (“You”) submit to Naps Happen.
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 Naps Happen, 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 Naps Happen permission to use Your Materials on the Naps Happen Websites in perpetuity, and in any advertising, promotion and publicity related thereto. You agree that Naps Happen 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 Naps Happen may in its sole discretion determine; to use them as Naps Happen 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 Naps Happen the permission to imprint your materials with the watermark of napshappen.net.
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 Naps Happen on behalf of such minors.
You agree to indemnify, defend, and hold Naps Happen 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 Naps Happen hereunder or to enjoin the publication, production, exhibition or distribution or exploitation of any work based thereon.
IN NO EVENT WILL NAPS HAPPEN 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 NAPS HAPPEN WEBSITES, YOUR SUBMISSION OF YOUR MATERIALS TO NAPS HAPPEN WEBSITES, OR YOUR REMOVAL FROM NAPS HAPPEN WEBSITES OF, OR DISCONTINUATION OF ACCESS TO, YOUR MATERIALS. WITHOUT LIMITING THE FOREGOING, NAPS HAPPEN WEBSITES AND ALL MATERIALS PROVIDED ON OR THROUGH NAPS HAPPEN WEBSITES BY NAPS HAPPEN, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NAPS HAPPEN 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 Naps Happen, 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 Naps Happen 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. Naps Happen shall have the right to assign any or all of its rights hereunder to any person, firm or entity in Naps Happen’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 Naps Happen the foregoing permission with the knowledge and understanding that Naps Happen 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 Virginia without regard to the conflicts of laws and principals thereof. Any disputes that arise in connection with this agreement shall be resolved by the state and federal courts situated within Loudoun County, VA. 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 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 Naps Happen 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 Naps Happen, 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 Naps Happen. If You do not agree, close this window – You will not be able to submit files (i.e., Your Materials, above) to www.napshappen.net and www.napshappen.wordpress.com.