Welcome to Kids Activity Box (the “Web site”). Please read these Terms and Conditions (“Agreement”) carefully before using or contributing media to the Web site. We reserve the right to change, add, delete, or modify portions of this Agreement at any time. We encourage you to review the Agreement each time you visit the Web site to see updates or changes. We will provide notice of changes only by updating the “last updated” date at the top of this Agreement. By using the Web site, you confirm you are 13 or older and agree to the Terms and Conditions and Privacy Policy of the Web site.
Because Kids Activity Box believes in protecting the privacy of its users, a strict Privacy Policy has been adopted and can be viewed at http://www.kidsactivitybox.com/privacy-policy/. Users of the Web site should review and be familiar with the Privacy Policy.
The Web site is owned and operated by Gapsnap, Inc. (“Gapsnap”), an Illinois Corporation having a business address of P.O. BOX #5074, Naperville, Illinois 60567.
WHEREAS, Contributor is the author of any activity, idea, article, literature, photograph, image, video, recipe, comment, feedback, suggestion, review, or other information or media submitted (the “Media”);
WHEREAS, Gapsnap intends to publish and use the Media electronically and in print including but not limited to posting the Media to the Web site;
NOW THEREFORE, in submitting or disclosing the Media whether online or offline, it is mutually agreed:
GRANT OF LICENSE. Subject to the Agreement hereinafter set forth, Contributor hereby grants to Gapsnap, and Gapsnap hereby accepts the exclusive, perpetual, indefinite and irrevocable right, license and privilege to publish, reproduce, print, copy, sell, resell, distribute, and use the Media in print or electronic form either separately or as part of a collective work throughout the world including but not limited to the exclusive right to publish the Media on the Web site and in print without compensation of any kind to you or to any third party.
The above rights may be exercised in all media and formats, whether now known or hereafter devised in which the Media as a whole or substantially all its contents may be distributed, whether or not the Media may be individually or partially accessed or retrieved. The above rights include the right to edit the Media and to make such modifications as are necessary or desirable to exercise these rights in differing media and formats.
TERM. The term of the License hereby granted (the “Term”) shall be indefinite.
COVENANTS AND UNDERTAKINGS BY CONTRIBUTOR. In accepting and submitting the Media to Gapsnap, Contributor agrees as follows:
(a) Contributor warrants and represents that Contributor is the sole owner of the exclusive right, title, and interest in and to the Media and will not at any time knowingly do or cause to be done any act or thing in any way impairing or tending to impair any part of such right, title and interest; that Contributor has full right, power, and authority to enter into this Agreement with Gapsnap; that the Media does not infringe upon any other trademark or copyright previously used; and that Contributor will use its best efforts protect the Media as provided herein, including but not limited to procuring the legal defense related to any and all legal and equitable actions brought on behalf of any third-party;
(b) The Contributor has the right to license the Media to Gapsnap, and has not made any agreement that conflicts with this Agreement;
(c) The Media does not defame any individual or entity, does not invade the privacy of any person or entity, and does not in any other manner infringe upon the rights of any person or entity;
(d) The Media has not previously been published, in whole or in part; and
(e) The Contributor has not registered his or her copyright in the Media with the United States Patent and Trademark Office or any other governmental unit;
MULTIPLE AUTHORS. If there is more than one author of the Media, the Contributor shall include all authors jointly and severally.
NO JOINT VENTURE OR PARTNERSHIP. Nothing herein contained shall be construed to place the parties in the relationship of partners or joint venturers, and Gapsnap shall have no power to obligate or bind Contributor in any manner whatsoever.
ASSIGNMENT OR SUBLICENSE WITHOUT CONSENT. Gapsnap site may assign, mortgage, sublicense, transfer and encumber all rights it may have in the Media with or without providing notice to the Contributor or obtaining the consent of the Contributor.
ONLINE OR OFFLINE SUBMISSION. By submitting Media to Gapsnap, whether online or offline, the Contributor agrees to this Agreement which shall constitute the binding agreement of the parties.
FURTHER INSTRUMENTS. The Contributor agrees to execute such further instruments and to take such further actions as may be reasonably necessary to carry out the purposes and intent of this Agreement.
GOVERNING LAW, SEVERABILITY. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois, excluding that body of laws pertaining to conflicts of law. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, the other provisions will nevertheless remain effective and enforceable. The parties submit to the jurisdiction of the state and federal courts of DuPage County, Illinois and waive any right to which they might be entitled to submit any dispute herein to the court of any other state, location or country.
