By uploading any photographs and/or written materials including, without limitation, captions and stories (collectively, “My Materials”), I certify and acknowledge that I wholly own My Materials or have the sole and exclusive right to permit FailedNeighbor.com and its parents, members, managers, directors, partners, representatives, subsidiaries, affiliates, sponsors, successors, assigns, heirs and licensees (collectively, “you” or “your”) to use, edit, publish and otherwise exploit My Materials without obligation or liability to me or any other party whatsoever.

I hereby grant to you 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 clothing, bumper stickers, mugs, toys, 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 you 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 you may in your sole discretion determine and to use them as you in your 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 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 you 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, defamation or rights in the nature of “droit moral”) of any kind on account of the exercise by you of any of the rights herein granted or agreed to be granted to you.

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 you, and hold you 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 (including rights of third parties and minors) herein granted).  I agree that I will have no rights to terminate or rescind any rights granted to you hereunder or to enjoin the publication, production, exhibition or distribution or exploitation of any work based thereon.

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on FailedNeighbor.com’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on FailedNeighbor.com’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by FailedNeighbor.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on FailedNeighbor.com’s web site are provided “as is”. FailedNeighbor.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FailedNeighbor.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall FailedNeighbor.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on FailedNeighbor.com’s Internet site, even if FailedNeighbor.com or a FailedNeighbor.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on FailedNeighbor.com’s web site could include technical, typographical, or photographic errors. FailedNeighbor.com does not warrant that any of the materials on its web site are accurate, complete, or current. FailedNeighbor.com may make changes to the materials contained on its web site at any time without notice. FailedNeighbor.com does not, however, make any commitment to update the materials.

6. Links

FailedNeighbor.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FailedNeighbor.com of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

FailedNeighbor.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to FailedNeighbor.com’s web site shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.