By clicking the “I agree to the Terms and Conditions of Your Zen Moment” box on “Submit Your Zen Moments” page, I hereby agree to the following terms (“Agreement”):
1. I am solely responsible for the content, text, information, photos, video, images, graphics, or other information that submitted to ChoChing LLC (“Licensee”). I understand and agree that Licensee may, but is not obligated to, review and delete or remove any submission or portion of any submission that in the sole judgment of Licensee violates these rules or for any other reason. In addition, you represent and warrant that you are the parent or guardian of any minors identifiable in your photograph and/or artwork, or that you have secured a waiver and release from the parent or guardian of any minors identifiable in your photograph or artwork. Those who make submissions to Licensee will be required to provide such a waiver and release, if applicable, immediately upon request of the Licensee.
2. I further agree that I shall indemnify, defend, and hold harmless Licensee and its trustees, officers, associates, representatives, employees, and agents and their respective successors, heirs and assigns (the “Indemnitees”), against any liability, damage, loss, or expense (including reasonable attorneys’ fees and expenses of litigation) incurred by or imposed upon any of the Indemnities in connection with any claims, suits, actions, demands or judgments arising out of any theory of liability (including without limitation actions in the form of tort, warranty, or strict liability and regardless of whether the action has any factual basis) concerning any product, process, or service that is made, used, or sold pursuant to any right or license granted under this Agreement.
3. I hereby grant to Licensee a universe-wide, royalty-free, non-exclusive, perpetual license to exercise the right to: reproduce the submitted materials, to incorporate said materials into one or more collections, and to reproduce the submitted material as incorporated in the collections; to create and reproduce adaptations of the submitted material; and to distribute and display the submitted materials. These rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats.
4. Licensee reserves the right to remove any entry from the website and any other medium Licensee may decide to use in its sole discretion. If Licensee removes submission from medium employed by Licensee, Licensee will not be required to provide the reason for such removal.
5. I understand and agree that this license agreement shall become effective on the date that the materials are submitted to Licensee.