Dear James

Terms of Use - Invited Submission & User Content

• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by DearJames®.
• Neither you nor they are entitled to any compensation by DearJames®.
• You agree to be bound by these Terms of Use – Invited Submissions & User Content policies as well as by our general “Terms of Use” and “Privacy Policy” policies.

User Generated Content, Social Networking and Public Information
DearJames.com may permit you to submit advice questions, ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, "User Generated Content – Invited Submission"). User Generated Content – Invited Submission may be published online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Generated Content – Invited Submission and may have the ability to share it with third parties across the Internet. Additionally, you may have the opportunity to engage in social networking through the Sites, such as creating a public profile, sharing User Generated Content – Invited Submission, and inviting others to connect with you. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Generated Content – Invited Submission or social networking activities. Please note that DearJames® does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. This Privacy Policy does not apply to any information that you disclose publicly, share with others or otherwise upload onto the DearJames.com website. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive from third parties through the website.

Name and Likeness
We may also publish your name, voice, likeness and other Personal Information that is part of your User Generated Content – Invited Submission (or any portion of the content), and DearJames.com may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Generated Content – Invited Submission you submit to the website, please review our Terms of Use.

DearJames® reserves the right in its sole discretion to remove or edit an Invited Submission and/or User Content by you and to terminate your Account for any reason. DearJames® is not responsible for any Invited Submission and/or User Content submitted to DearJames.com or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of DearJames.com.

 

Interactive Areas
DearJames.com may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are thirteen (13) years of age or older and, if you are under the age of eighteen (18), you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on DearJames.com, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and DearJames®.  Dear James.com is a general audience web site and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any User Content or Personal Information collected that we later determine to be from a user younger than the age of thirteen (13).

Modification
DearJames® shall have the right, but not the obligation, to monitor any Invited Submission and/or User Content posted or uploaded to DearJames.com to determine compliance with these Terms of Use and our general Terms of Use operating rules established by DearJames® and to satisfy any law, regulation or authorized government request. Although DearJames® has no obligation to monitor, screen, edit or remove any Invited Submission and/or User Content posted or uploaded to DearJames.com, DearJames® reserves the right, and has absolute discretion to screen, edit, refuse to post or remove without notice any Invited Submission and/or User Content posted or uploaded to DearJames.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Invited Submission and/or User Content posted to the Site at your sole cost and expense.

License to Invited Submission and/or User Content
By submitting an Invited Submission and/or User Content to DearJames.com, you automatically grant DearJames®, its licensees, successors, assigns, agents or affiliated businesses, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit said Invited Submission and/or User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Invited Submission and/or User Content.   Said license shall require no consideration on the part of DearJames LLC - DearJames® or DearJames.com to you.  You warrant that such Invited Submission and/or User Content is accurate and not misleading, and that use and posting or other transmission of such Invited Submission and/or User Content does not violate these Terms of Use or our general Terms of Use and Privacy Policy and will not violate any rights of or cause injury to any person or entity. You further grant DearJames® the right to pursue at law any person or entity that violates your or DearJames®’ rights in the Invited Submission and/or User Content by a breach of these Terms of Use. You further agree and consent to automatically having your submitted contact information added to the DearJames® mailing list for future use, promotion, and outreach.

Moral Rights
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Invited Submission and/or User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Invited Submission and/or User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Invited Submission and/or User Content by DearJames® or its licensees, successors, assigns, agents or affiliated businesses; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any Invited Submission and/or User Content; and (d) you forever release DearJames®, and its licensees, successors, assigns, agents or affiliated businesses from any claims that you could otherwise assert against DearJames® by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the Invited Submission and/or User Content for that user's personal use.
Invited Submission and/or User Content submitted by you will be considered non-confidential and DearJames® is under no obligation to treat such Invited Submission and/or User Content as proprietary information except pursuant to the DearJames® Privacy Policy. Without limiting the foregoing, DearJames® reserves the right to use any Invited Submission and/or User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. DearJames® is under no obligation to offer you any payment for any Invited Submission and/or User Content that you submit or the opportunity to edit, delete or otherwise modify any Invited Submission and/or User Content once it has been submitted to DearJames®. DearJames® shall have no duty to attribute authorship of any Invited Submission and/or User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
You are responsible for completing all required fields and maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. DearJames® may allow you to review, correct or update Personal Information you have provided through a registration form or otherwise. DearJames® will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. You may cancel or modify your communications and/or subscriptions such as newsletters, mailing list(s), and daily’s that you have elected to receive by following the instructions contained within the e-mail you receive as part of the subscription or newsletter or by logging into your user account and changing your communication preferences. If you have any questions about: (a) access to Personal Information; (b) the collection, use, management or disclosure of your Personal Information; or (c) these Terms of Invited Submission & User Content, you should contact us in the following ways: Postal Mail: 8033 W Sunset Blvd., Suite 809 Los Angeles, California 90046 or by e-mail at: privacy@dearjames.com.

Modification
DearJames LLC reserves the right to make changes to DearJames.com, any published policies, posts, terms and conditions of use at any time without notice. These Invited submission & User Content terms and conditions of use were last updated on 23 May 2018.
Should you not agree to these Terms of Use – Invited Submission & User Content, our general Terms of Use, and Privacy Policy, your sole remedy is to immediately discontinue use of the DearJames.com site, its Invited Submission and/or User Content areas.