StorkBrokers: Top Model - Terms of Use

Rules suck, but our lawyers need to earn their keep. So, here ya go.

What. Because you look so good in StorkBrokers gear, we have created StorkBrokers: Top Model--a web page on the website StorkBrokers.com--where we can show pictures of you, your family and friends wearing StorkBrokers shirts, tank tops, onesies and other gear bearing the StorkBrokers name, logo and other marks (collectively, “StorkBrokers Gear”).

How. Here’s how it works.

• First, purchase an item of StorkBrokers Gear from the StorkBrokers: Top Model web page.
• Second, after you receive your item, in all its awesomeness, take a picture of yourself (or a loved one) wearing the item.
• Third, send us an electronic copy of the picture. That means email it to topmodel@storkbrokers.com. We will then upload your pictures to the StorkBrokers: Top Model web page, assuming you “make the cut”. Of course if your don’t want us to showcase your picture, then just don’t send it to us.

Eligibility. For your picture to “make the cut”, you must comply and/or agree with the following important legal mumbo jumbo:

(1) assign, transfer and convey to StorkBrokers, Inc. all rights, title and interest, including rights of likeness, and all other intellectual property and proprietary rights in and to the pictures;

(2) release, waive and relinquish all rights, at law, in equity or otherwise, to enforce, assert or claim ownership of or interest in any of the pictures;

(3) grant to StorkBrokers, Inc. an exclusive, perpetual, irrevocable, worldwide royalty-free, unconditional, sublicensable right and license to use, exploit and commercialize the pictures and exercise and enjoy all proprietary and intellectual property rights in support of such use, exploitation and commercialization.

(4) take full responsibility, in accordance with the Children's Online Privacy Protection Rule, as the parent or guardian of a minor child under the age of 13 whose picture you submit to StorkBrokers, Inc. or the StorkBrokers: Top Model web page.

(5) that all pictures that you submit or transmit to StorkBrokers, Inc. or the StorkBrokers: Top Model web page are owned solely by you and that you assume total and exclusive responsibility and liability for the content thereof and the use thereof.

(6) StorkBrokers, Inc. has the right to use the pictures you submit to StorkBrokers, Inc. or the StorkBrokers: Top Model web page on StorkBrokers.com as well as for marketing purposes for an unlimited time frame. You also agree that you will not submit or transmit any photos or other content that is or may be threatening, profane, harassing, defamatory, unlawful, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that may give rise to civil or criminal liability under any applicable law.

(7) fully release, indemnify and hold StorkBrokers, Inc. and its employees, officers, directors, members, shareholders, customers, partners, agents and assigns (the “SB Parties”) harmless of, from and against any liability, loss, damages, costs and attorneys’ fees that may be alleged against or incurred by any of the SB Parties as a result of any and all claims by third parties or legal authorities related in any manner to your pictures or the use thereof regardless of whether or not StorkBrokers, Inc. pre-screens your pictures. StorkBrokers, Inc. reserves the right to edit, remove or refuse to use content that violates or which we reasonably believe violates any of the foregoing provisions of any law. THE FOREGOING RELEASE, INDEMNIFICATION AND HOLD HARMLESS PRECLUDES ANY LIABILITY BY the SB Parties TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT EVEN IF the SB Parties HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH POSSIBLE DAMAGE. IN THE EVENT THE FOREGOING IS HELD UNENFORCEABLE IN ANY WAY, YOU AGREE THAT ANY LIABILITY THAT the SB Parties MAY HAVE OR MAY BE ADJUDICATED TO HAVE SHALL BE LIMITED TO RETURN OF ANY FEES PAID TO the SB Parties BY YOU IN CONNECTION WITH THE SUBMITTAL OR TRANSMITTAL OF YOUR PICTURES To StorkBrokers, Inc. or the StorkBrokers: Top Model web page. More Legal Stuff. (*sigh*)

If you do not agree with any of these terms of use, please do not submit your pictures to us. Your submittal or transmittal of a picture to StorkBrokers, Inc. or the StorkBrokers: Top Model web page for these purposes shall be deemed to be conclusive evidence that you have read these terms, understand them, and agree to each and every one of them. All references herein to "you", "your" or the like shall be deemed to mean the person visiting or using this site for these purposes and/or the person submitting or transmitting pictures for these purposes. These terms of use are in addition to and not in lieu of the standard Terms of Service of the StorkBrokers.com website applicable to members of such site. Accordingly, all members of the StorkBrokers.com website must comply with those standard Terms of Service applicable to members in addition to these terms of use if such member intends to submit or transmit a picture to StorkBrokers, Inc. or the StorkBrokers: Top Model web page for these purposes. However, those who are not a member of the StorkBrokers.com website who desire to submit or transmit a picture to StorkBrokers, Inc. or the StorkBrokers: Top Model web page for these purposes, only compliance with these terms of use shall be required. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ANY SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED BY US AND WAIVED BY YOU. All information, documents, products and services, logos, graphics, and images (the "Materials") provided on the StorkBrokers: Top Model web page or the StorkBrokers.com website are copyrighted or trademarked and are the property of StorkBrokers, Inc. The StorkBrokers: Top Model web page is a service of StorkBrokers, Inc., and references to "we", "us", "StorkBrokers”, the "StorkBrokers: Top Model” web page and similar words shall be deemed to be references to this service and/or to StorkBrokers, Inc., as applicable to the content of the reference. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, privacy laws and/or communications laws, and StorkBrokers, Inc. intends to enforce all of its rights and privileges under such laws.

The StorkBrokers.com website may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by StorkBrokers, Inc. Such links do not constitute an endorsement of such other sites by StorkBrokers, Inc. and you acknowledge that StorkBrokers, Inc. is providing these links to you only as a convenience, and you further agree that StorkBrokers, Inc. is not responsible for the content of such sites or your use of such sites.

StorkBrokers, Inc. controls and operates the StorkBrokers: Top Model web page and the StorkBrokers.com website from its headquarters in the United States of America and makes no representations that the materials are appropriate or will be available for use in international locations. If you use this site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content associated with this site. Any action related to these terms will be governed by Georgia and controlling U.S. Law without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to the jurisdiction of the courts located in Rockdale County, Georgia, for the resolution of any and all disputes arising from or related to these terms of use and/or your use of the StorkBrokers: Top Model web page and the StorkBrokers.com website, and you specifically waive the right to bring an action in any other forum, and in the event you bring action in any other forum StorkBrokers, Inc. shall have the right to have same dismissed or transferred to the contractual forum agreed to above.

ENOUGH!! Now let’s see some pics!!