By checking the "I agree" box on the submission page, I agree, acknowledge, understand, represent and warrant to The Fund, its parent, its subsidiaries, and its affiliates (collectively, "The Fund") as follows:
I am the sole owner and creator (or otherwise possess all rights necessary to make the grant of rights described herein) of the information submitted in the form in the text box labeled "Tell Us Your Story" (the "Story"). As used herein, the "Story" will also include (i) any additional information I convey to The Fund that is related to the version of the Story I submit in the form, (ii) any information that is requested by The Fund (such as my name and contact information) in connection with my submission of the Story, and (iii) any information that I voluntarily convey to The Fund.
I represent and warrant that the Story is true, accurate and complete in all respects. The Story, and the publication or other use of the Story by The Fund, (i) does not and will not infringe any intellectual property, privacy, or publicity rights of a third party; (ii) is not and will not be obscene, vulgar, profane, defamatory, threatening, harmful, harassing, abusive, hateful, or embarrassing to a third party; (iii) does not and will not violate any law; (iv) does not and will not constitute or contain false or misleading indications of origin or statements of fact; and (v) does not and will not constitute advertising or solicitation of business.
I grant to The Fund a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, distribute, transmit and edit my name, nickname, photograph, picture, likeness, voice, signature (collectively, “My Information”), the Story, or both, in any advertising, marketing, or promotions by The Fund, including in any print media, television, motion pictures, the Internet, and in any other media now known or that may be developed in the future (collectively, “Media”). The license granted in the above sentence survives my death or incapacity.
I acknowledge that the statements made by me in the Story may be used by The Fund in whole or in part, provided the general sense of the statements is not changed. However, I understand that The Fund is not obligated to use the Story (or, if the Story is used, to use any or all of My Information) in any Media.
I waive any inspection or approval of the finished Media.
I waive any claim against The Fund for any alleged or actual infringements of any proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution, and any claim of alteration (including, without limitation, optical illusion or faulty mechanical reproduction), in connection with any of My Information or the Story. Notwithstanding the foregoing, I understand that personally identifiable information shall be maintained in accordance with the provisions of The Fund’s privacy policy.
I AGREE THAT IN NO EVENT SHALL THE FUND BE LIABLE TO ME FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF THE USE OF OR THE FAILURE TO USE MY INFORMATION, THE STORY, OR BOTH, AND WHETHER OR NOT THE FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY MONETARY DAMAGES ARE IMPOSED UPON THE FUND NOTWITHSTANDING THE PRECEDING LIMITATION, I AGREE THAT SUCH LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF THE ACTUAL DAMAGES OR $100.
I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE FUND AND ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM OR ARISING OUT OF MY BREACH OF THE TERMS OF THIS AGREEMENT.
I grant The Fund permission to contact me via email to learn more about me, the Story, or to otherwise ask follow- up questions. However, I understand that The Fund will use the email address provided by me only to contact me for the above-mentioned purposes, and not for any other purpose.
I am over the age of 21, and I am a U.S. resident.
I understand and agree that: (i) The Fund’s Web site is controlled and operated by The Fund from its offices in Orlando, Florida. (ii) The terms of this agreement (the “Terms”) shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of laws provisions. (iii) Any dispute arising under the Terms shall be resolved exclusively by the state and federal courts of the State of Florida, County of Orange. (iv) The Terms are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law. (v) No failure or delay by The Fund in exercising any right hereunder shall operate as a waiver of such right and any written waiver in a given instance shall not be deemed to be a continuing waiver of any such right. All waivers by The Fund must be embodied in a written document signed by The Fund. (vi) Any claim or cause of action that I may have with respect to the Terms, the Story, or My Information must be commenced within one year after the claim or cause of action arises.
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