Our online visitor agreement
In submitting user-generated video to the National Lab Day Sites, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant National Lab Day ("NLD"), NLD's joint venture partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the "NLD Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your user-generated video submitted hereunder, as well your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Video Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the NLD Parties may or may not earn or generate through its use of your Video Submission.
NLD Parties' Right to Use Your Video Submission. You grant the NLD Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video/DVD products, and mobile services) of the NLD Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the NLD Parties the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder.
Clearance of Your Video Submission for the NLD Parties' Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the NLD Parties' use and distribution of your Video Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the NLD Parties' use and distribution of your Video Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Video Submission as used and distributed by the NLD Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver; Indemnification. You acknowledge that the NLD Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the NLD Parties from any and all claims arising from their use and distribution of your Video Submission as permitted herein.
COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS
National Lab Day wants to encourage an open exchange of information and ideas through the National Lab Day Sites. But we cannot and do not review every posting made on National Lab Day's community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than National Lab Day. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted on National Lab Day's community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the National Lab Day Sites lies with each user -- you alone are responsible for material you post. National Lab Day does not control the messages, information or other content that you or others may provide through the National Lab Day Sites. You may use the National Lab Day Sites for lawful purposes only.
By using the National Lab Day Sites, you agree not to submit, post or transmit through the National Lab Day Sites any material or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Allows you to gain unauthorized access to the National Lab Day Sites, or any account, computer system, or network connected to the National Lab Day Sites, by means such as hacking, password mining or other illicit means;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the National Lab Day Sites.
- Impersonates any person, business or entity, including National Lab Day and its employees and agents or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including National Lab Day;
- Contains an advertisement or solicitation or encourages others to make a donation;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Results in the posting or transmission of any message anonymously or under a false name;
- Permits any person to access, using your account, any features of the National Lab Day Sites that may require registration;
- Results in a single message being posted to more than five areas of any National Lab Day Site, results in any message being posted to any area of the National Lab Day Sites if that message is, in our view, off-topic or in violation of this Visitor Agreement; or
National Lab Day requires you not to use the National Lab Day Sites to violate anyone's copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the National Lab Day Sites, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
USE OF MATERIALS
With the exception of any and all Video Submissions (National Lab Day's permitted use of which is discussed above) and any material posted on National Lab Day's community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of National Lab Day and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on National Lab Day's community and social media sites, you are granting to National Lab Day, and to anyone authorized by National Lab Day, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on National Lab Day's community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant National Lab Day, and anyone authorized by National Lab Day, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as National Lab Day deems appropriate. Please also note the last paragraph in the "COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS" section above.
The materials available through the National Lab Day Sites are the property of National Lab Day or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the National Lab Day Sites. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the National Lab Day Sites in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on the National Lab Day Sites, and to tell them how to find it.
We welcome links to the National Lab Day Sites. You are usually free to establish a hypertext link to any of the National Lab Day Sites so long as the link does not state or imply any sponsorship or endorsement of your site by any of the National Lab Day Sites or by National Lab Day. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the National Lab Day Sites.
You agree not to use the National Lab Day Sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
NO SPAMMING OR SPIMMING
From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
Without the prior written permission of National Lab Day, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the National Lab Day Sites, or incorporate any intellectual property of the National Lab Day Sites, National Lab Day or any of their licensors into another website or other service.
We don't want anyone to be confused as to which materials and services are provided by National Lab Day and which are not. You may not use any trademark or service mark appearing on the National Lab Day Sites without the prior written consent of the owner of the mark.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make the National Lab Day Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the National Lab Day Sites.
YOU AGREE THAT YOUR USE OF THE NATIONAL LAB DAY SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE NATIONAL LAB DAY SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY NATIONAL LAB DAY SITE OR ANY MATERIAL AVAILABLE THROUGH THE NATIONAL LAB DAY SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE NATIONAL LAB DAY SITES.
THE NATIONAL LAB DAY SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE NATIONAL LAB DAY SITES AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE NATIONAL LAB DAY SITES, NOR DO THEY GUARANTEE THAT THE NATIONAL LAB DAY SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE NATIONAL LAB DAY SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE NATIONAL LAB DAY SITES OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE NATIONAL LAB DAY SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE NATIONAL LAB DAY SITES AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE NATIONAL LAB DAY SITES AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE NATIONAL LAB DAY SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO NATIONAL LAB DAY FOR THE USE OF THE NATIONAL LAB DAY SITES.
The National Lab Day staff works hard to ensure that information we post to the National Lab Day Sites is both timely and accurate. But the news changes over time and reports that were accurate when posted may quickly become old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we don't go back and change the original report to reflect new developments. If you're looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you're not looking at an out-of-date report.
To obtain access to certain services on the National Lab Day Sites, you may be given an opportunity to register with the National Lab Day Sites. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that National Lab Day considers to be offensive. National Lab Day reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify National Lab Day of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify National Lab Day immediately. National Lab Day reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. You must be at least 13 years old to register on NationalLabDay.org. Please inform National Lab Day if there is a change in the information you provided at the time of your initial registration, including any change of address or name.
You agree to indemnify, defend and hold harmless National Lab Day, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys' fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any National Lab Day Site using your account.
This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of Maryland. By using the National Lab Day Sites, you consent to the exclusive jurisdiction of the state and federal courts located in Maryland, in all disputes arising out of or relating to this Visitor Agreement.
In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.:terms