Submissions Agreement

Thank you for your interest in contributing content to NurseDeck. We are looking forward to receiving your submissions, but before getting started, please make sure you fully understand the conditions that apply once you submit content. So, read this submission agreement (“Agreement”) carefully and contact us if you have any questions. By submitting any content to us, you agree to be bound by this agreement and agree that all information in your submission will be considered an authorization for our use, until providing adequate notice requesting removal.

Content submissions through any of our websites forms, mobile application, email, fax, phone, and in person are governed by this Agreement. NurseDeck, all its respective parents, affiliates, agents, successors, licensees, customers, assigns and media partners, (“Company”, “we”, “us”). “Content” means any articles, images, text, video, voice or other materials that you submit to us for consideration for publication on any NurseDeck owned or operated publications, including social media platforms, affiliate websites, NurseDeck.com, social.nursedeck.com, and and NurseDeck owned domains, (“NurseDeck Site”), external accounts, or publications. We reserve the right to publish or not publish any Content you submit. We may also publish without restriction other material on the same or similar topic as your Content. You have the right to request content be removed with adequate notice. This will allow the Company time to remove content and find adequate replacement for that content.

1. Who may submit Content.

You may submit Content to us if you: (1) You are at least 18 years of age; (2) can form a binding contract with us, (3) submit your Content in compliance with this Agreement and all applicable laws; (4) are not on a list of persons barred from doing business under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (5) are not a resident of Crimea – Region Of Ukraine, Cuba, Iran, North Korea, Sudan or Syria. If you are submitting Content on behalf of your company, organization, or government agency, you represent that you have the right and authority to legally bind your organization to this Agreement. 

2. Submission Process & Information. 

When you submit Content to us, you must provide us with accurate and complete information. If we need to contact you regarding your submission, we may contact you via the email address, telephone number or address you provide. You consent to your information (Content, name, email, etc.) being processed by the Company in the United States, and treated in accordance with NurseDeck’s Privacy Policy, which is incorporated by reference into this Agreement. You have read and agree to the terms of our privacy policy. We do not wish to receive or hold any confidential materials. You agree that no confidential relationship or obligation of secrecy is established between you and us with respect to your Content. You irrevocably agree not to assert any claim of idea appropriation, misappropriation, or any other similar claims of any kind with respect to your Content. If you wish to have your Content published under the name “Anonymous” please advise us on the submissions (we will still need your real name and email address). While we will endeavor to honor requests to publish content anonymously, we are unable to guarantee that your Content will be published anonymously. This is due to our working relationship with additional volunteers who are responsible for editing and publishing content. We understand this can be a concern and would consider a separate agreement in the case where a publicly anonymous relationship is formed. If your intentions are to publish anonymously, please contact us directly before submitting content. We disclaim any responsibility whatsoever for any harm resulting from not publishing your Content anonymously. Moreover, even if your Content is published anonymously, we make no guarantee that your identity will remain anonymous and we disclaim any responsibility whatsoever for any harm resulting from the intentional or unintentional disclosure of your identity.

3. Licenses.

 You acknowledge and agree that access to the NurseDeck Site as a platform for expression and potential exposure to NurseDeck Site readers is valuable consideration. In exchange for this value you grant us the following licenses. (1) By submitting your Content to us, you grant us a non-exclusive, perpetual, worldwide, royalty-free, transferable, irrevocable license to use, publish, reproduce, modify, adapt, license, sublicense, distribute (and permit re-distribution of), perform, translate, and display your Content (including any biographical information, drawings, images, sounds, video recordings, or other data embedded in your Content and including adaptations or derivative works based on your Content) for the purpose of helping nurses. This can be in any language, and in any manner or medium – whether existing or developed in the future (the “Rights”). These Rights include the right to share your Content under Creative Commons: CC BY-ND 4.0; and are irrevocable and vest as soon as any of your Content is published on an NurseDeck Site. You retain ownership of the copyright in your Content, subject to the Rights granted to us. We reserve the right, in our sole discretion, to (a) edit your Content, (b) supplement or commingle your Content with our trade names, trademarks, and service marks and with content provided by us or by third parties, (c) remove your Content from the NurseDeck Site, (d) benefit by increasing views of your Content and (e) use your name (first and last, totally or partially), social media nickname(s), image, likeness, voice, quotes, biographical information and the name/address of your main outlet(s) or website(s) in connection with the activation and the Materials usage as provided herein. If you decide to republish any content that has been edited or added to by the Company, you agree to include the following disclosure: “Published on NurseDeck https://nursedeck.com” (2) By submitting ideas, comments, recommendations or other feedback (“Suggestions”) to us, you grant us the right to use or transfer the Suggestions without restriction or compensation, unless a new agreement is made with the Company. The Company agrees to acquire permission from you if there are opportunities to receive compensation for your content.

4. Your Commitments to Us.

You represent and warrant to us that (1) you are 18 years of age or older and have provided us with your real name and email address on our submissions form; (2) your Content is an original work created by you that has not been published elsewhere; (3) you own the copyright in your Content; (4) your Content does not contain any express or implied statements of fact that are untrue, false, or misleading; (6) your Content does not infringe the copyrights, trademarks, privacy, publicity or other rights of any third party; (7) your Content does not contain any viruses, worms, malware or other harmful or destructive material; and (8) your Content does not contain any defamatory, libelous, obscene, pornographic, threatening, abusive, harassing, or similarly unlawful material. You understand that the NurseDeck Site receives significant traffic and is accessible to anyone on the Internet. You are solely responsible for any legal or other repercussions that occur as a result of your Content posted on the NurseDeck Site. You will indemnify and hold us harmless against any damages sustained or expenses incurred (including reasonable attorneys’ fees) in connection with any claim, action or proceeding based on an actual or alleged violation of these representations and warranties.

5. No Compensation.

 You will not be paid for your content. If you are looking to get paid or otherwise compensated for your content, do not submit to us without. The NurseDeck submission platform is intended only for persons who believe they will benefit personally or professionally from publication of their content without compensation. You acknowledge that you are not entitled to compensation or reimbursement of any kind for your content or any of your activities related to your content and that we may benefit as an organization by attracting additional views of the Company Content, including increasing the value of the Company. You further acknowledge that we have no obligation to provide you with any data or analytics or other information that we may obtain or create (including, but not limited to, page view data) concerning your content or NurseDeck site.

6. Take Down Policy.

 We will consider all requests to modify any of your Content or delete your content from the NurseDeck site, with adequate notice. In addition, you acknowledge and agree that NurseDeck reserves the right to remove your Content from the NurseDeck Site if it receives notification claiming that your Content may have violated another person’s intellectual property rights. 

7. No Warranty. 

You expressly understand and agree that your submission of any content is at your own discretion and sole risk. The Company expressly disclaims all warranties of any kind whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, NurseDeck disclaims any and all liability for the acts, omissions and conduct of any third parties that help us with the NurseDeck site.

8. Limitation of Liability.

 To the extent not prohibited by applicable law, in no event will NurseDeck be liable for personal injury or any incidental, consequential, punitive, special, or indirect damages or for lost profits or anticipated profits, lost income or revenue, loss of use, loss of data, loss of business opportunity, cost of substitute goods, or business interruption, whether or not NurseDeck was aware of or should have been aware of the possibility of these damages. In no event shall NurseDeck’s total liability to you under this Agreement for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of FIVE dollars ($5.00 USD).

9. Changes. 

 NurseDeck reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on Content submissions. Such modifications and additional terms and conditions will cause this existing agreement to be null and void. A new agreement will be required and signed by both parties.

10. Governing Law; Dispute Resolution.

 The NurseDeck Site is managed by NurseDeck located in Wilmington, Delaware United States of America. You agree that any dispute related to this Agreement will be governed by the laws of the State of Delaware, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of an exclusive venue in the federal and state courts located in and serving Wilmington, Delaware as the legal forum for any such dispute. 

11. Miscellaneous.

You acknowledge that there is no partnership, joint venture, employment, consulting or other such relationship between you or us (each a “Party” and together the “Parties”). This is the entire agreement between the Parties. The terms of this Agreement are binding upon, and will insure to the benefit of the Parties, including their respective licensees, successors, and assigns. We may assign, license or transfer any or all of the Rights you have granted to us to any other person or entity. Except as expressly provided in this Agreement, there are no third-party beneficiaries to the Agreement. If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions will not be affected or impaired, unless continued enforcement of the provisions frustrates the intent of the Parties. No delay or failure by either Party in exercising any right under this Agreement, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Agreement will not be deemed a waiver of future enforcement of that or any other right. All notices to NurseDeck relating to this Agreement will be deemed given (1) when delivered personally, (2) three business days after having been sent by commercial overnight carrier with written proof of delivery, and (3) five business days after having been sent by first class or certified mail, postage prepaid, to this NurseDeck address: 108 West 13th Street, Wilmington, Delaware 19801, Attention: Legal. You consent to receive notices by email and agree that any such notices that NursDeck sends you electronically will satisfy any legal communication requirements. Except as otherwise stated, this Agreement constitutes the entire agreement between us with respect to the Content, Rights and your submission, and supersedes all prior understandings and agreements regarding its subject matter. 

 Last update: September 28, 2021