Last Updated: September 2014
These terms and conditions of use (“Agreement”) apply to your use of this website, and do not alter in any way the terms or conditions of any other agreement you may have with dys(fun)ctional enterprises, its subsidiaries or affiliates. By uploading any photographs, videos, and/or written materials including, without limitation, stories, photos and/or videos (collectively, “My Materials”), I certify and acknowledge that I wholly own My Materials or have the sole and exclusive right to permit dys(fun)ctional enterprises, llc and its parents, members, managers, directors, shareholders, partners, representatives, subsidiaries, affiliates, sponsors, successors, assigns, heirs and licensees (collectively, “dys(fun)ctional enterprises”) to use, edit, publish and otherwise exploit My Materials and my name in connection with My Materials without obligation or liability to me or any other party whatsoever. I hereby attest that I am over the age of 18 and am lawfully able to accept the terms of this Agreement.
1. Grant of Rights
I hereby grant to dys(fun)ctional enterprises the non-exclusive, irrevocable and unconditional right to describe, relate, publish and/or exploit My Materials in such manner as you shall elect, in whole or in part, on your websites and in print and electronic form or in any other media now or hereafter known or devised (including without limitation, books), and in related products and services in connection with any exploitation thereof (including but not limited to board, card and digital games, clothing, bumper stickers, mugs, posters and other printed materials, and any related promotion and advertising of such items), throughout the universe in perpetuity, and in any advertising, promotion and publicity related thereto. I agree that dys(fun)ctional enterprises shall have the right to edit, change, add to, take from, rearrange, vary, embellish, alter, modify, revise, translate, reformat and/or reprocess My Materials in any manner dys(fun)ctional enterprises may in its sole discretion determine and to use them as dys(fun)ctional enterprises in its sole discretion may determine and to make derivative works of the same, in whole or in part, without notifying me and without obligation to me; and I waive any right to inspect or approve the final display or other exploitation of My Materials now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or any other compensation arising from or related to the use of My Materials. I understand that by submission of My Materials there is no guarantee express or implied that dys(fun)ctional enterprises will publish My Materials in any way and that dys(fun)ctional enterprises has no obligation to publish My Materials.
2. Representation & Warranty
I represent and warrant that I have the right to enter into this agreement and to grant, without the consent of any third parties, all the rights herein granted; that I have not exclusively granted or assigned or otherwise transferred such rights to any third parties; and that there are no claims, litigation or other proceedings pending or threatened which could in any way impair, limit or diminish the rights granted to dys(fun)ctional enterprises hereunder. I, on behalf of myself, my successors, heirs, representatives and assigns, hereby irrevocably covenant that I will not assert a claim or maintain an action or suit and will not consent to the assertion or maintenance by others of any claim, action or suit (including, but not limited to claims, actions or suits for invasion of my rights of privacy, rights of publicity, or defamation) of any kind on account of the exercise by dys(fun)ctional enterprises of any of the rights herein granted or agreed to be granted to dys(fun)ctional enterprises.
I represent and warrant that if any minors appear in My Materials, I am 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 you on behalf of such minors.
I agree to indemnify and defend dys(fun)ctional enterprises, and hold dys(fun)ctional enterprises 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 me hereunder (including, without limitation, with respect to any claims that I lack the authority to grant all of the rights herein granted). I agree that I will have no rights to terminate or rescind any rights granted to dys(fun)ctional enterprises hereunder or to enjoin the publication, production, exhibition or distribution or exploitation of any work based thereon.
4. Limitation of Liability
IN NO EVENT WILL DYS(FUN)CTIONAL ENTERPRISES, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DYS(FUN)CTIONAL ENTERPRISES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, DYS(FUN)CTIONAL ENTERPRISES’ WEBSITES AND ALL MATERIALS PROVIDED ON OR THROUGH ITS WEBSITES 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. DYS(FUN)CTIONAL ENTERPRISES SHALL 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 MY INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OF MATERIAL.
6. Applicable Law & Venue
This release is governed by and shall be construed in accordance with the laws of the State of Washington, United States of America, without regards to its principles of conflicts of law. All actions relating to this Agreement and My Materials shall be brought in the competent court in the State of Washington, including the federal courts situated therein, and you consent to exclusive jurisdiction and venue in such courts. Further, in any such dispute, I hereby irrevocably waive all rights to claim punitive, incidental or consequential damages, and I irrevocably waive all rights to have damages multiplied or increased.
Notwithstanding any of these terms, dys(fun)ctional enterprises reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
8. Changes to Site Terms
dys(fun)ctional enterprises reserves the right to change any of the terms and conditions contained in the website or any policy or guideline of the website, at any time and in its sole discretion. When dys(fun)ctional enterprises makes changes, it will revise the “last updated” date at the top of the website terms. Any changes will be effective immediately upon posting on the website. Your continued use of the website following the posting of changes will constitute your acceptance of such changes.
9. Entire Agreement
I agree that this instrument constitutes my entire agreement and complete understanding and that all prior or contemporaneous promises, understandings and agreements, oral or written, are merged into and included in this written instrument. Any waiver of any provision of the Agreement will be effective only if in writing and signed by dys(fun)ctional enterprises. I agree also that dys(fun)ctional enterprises is under no obligation to make use of any right or privilege that I have granted to dys(fun)ctional enterprises.
I give dys(fun)ctional enterprises the foregoing permission with the knowledge and understanding that it will incur substantial expense in reliance thereon. If any part of this agreement 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.
10. Acceptance of Agreement
This agreement shall bind my heirs, administrators, representatives, executors and assigns forever. dys(fun)ctional enterprises shall have the right to assign any or all of its rights hereunder to any person, firm or entity in its sole discretion. I may not assign this agreement to any third party, and any purported attempt to do so shall be deemed null and void.
I HAVE READ THIS SUBMISSION RELEASE IN ITS ENTIRETY AND I FULLY UNDERSTAND AND FREELY ACCEPT THE CONTENTS AND MEANING OF THIS AGREEMENT. I AGREE TO BE BOUND HEREBY AND INDICATE MY ACCEPTANCE OF THESE TERMS BY CLICKING THE CERTIFICATION BOX ON THE ‘SUBMIT A STORY’ PAGE. MY electronic consent to this Agreement (or to any other agreement between ME AND DYS(FUN)CTIONAL ENTERPRISES), whether by clicking THE BOX ON THE ‘SUBMIT A STORY’ PAGE or similar buttons provided in conjunction with any such agreement, shall constitute MY electronic signature and, according to the provisions of UNITED STATES federal law (INCLUDING, WITHOUT LIMITATION, UNITED STATES COPYRIGHT LAW), shall be of the same effect as if I had signed such agreement manually. Upon dys(fun)ctional enterprises’ request, I agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.