Grant of License
Subject to the terms and conditions of this Agreement, I ("Contributor") hereby grants to Technology Marketing Consultants, Inc., dba Sharing Ideas Magazine ("Publisher") a nonexclusive, perpetual and irrevocable, transferable, sub licensable, worldwide, royalty-free and, except as expressly agreed between the parties, non-fee bearing license, without limitation, to use, reproduce, distribute, in any and all languages, publish on www.sharingideasmag.com (the "Website") or on any other website or in any other medium or forum, existing currently and arising in the future, including but not limited to any and all on-line and print media, publicly display, modify and create derivative Contributions from any and all Contributions submitted by Contributor to Publisher hereunder or published in Sharing Ideas Magazine at any time in the past, whether consisting of text, graphics, audio, video and any other type of content or any combination of the foregoing (each, a "Contribution").
Contributor also grants to Publisher the unlimited right to use his or her name, image and/or biography on the Website, in any other medium, forum or format or otherwise in connection with the promotion of the Website or the Contribution in any medium, forum or format. In addition, should the Contribution be chosen as a topic of discussion in a Website online forum, Contributor will participate in that forum at a time and in a manner as mutually agreed between Contributor and Publisher.
If the content includes textual extracts or illustrations, audios, videos, photographs, maps, diagrams, tables, or copyright artwork from third party copyright Contributions, the Contributor shall be responsible for obtaining written permissions from the respective copyright owners to reproduce the same and shall forward the originals of the permissions to the Editor as soon as possible after signing this Agreement. The costs of permissions shall be borne by the Contributor.
Copyright for the Contribution will remain with the Contributor. Copyright in the form of Publisher's publication of the Contribution vests exclusively with the Publisher.
Contributor owns and will retain all right, title and interest in and to each Contribution, expressly subject to Publisher's license rights hereunder.
In the event that Contributor's Contribution is published, Contributor will receive non monetary consideration in the form of a byline and the benefit of related marketing (via Publisher's publication) with each article, the exact format and placement of the attribution is subject to Publisher's discretion.
To the extent permitted by law, your sole remedy against Publisher for our breach of this document is to require us to cease future publication of the Contribution to the extent this is reasonably practical. Contributor understands and agrees that your contribution may be syndicated using RSS feeds, Search Engine Optimization techniques and other forms of distribution which are beyond the control of the Publisher. As such, Publisher will not be required to make requests for modifications, retractions, etc. on any medium or publications beyond their control.
Contributors warranty and Indemnity
The Contributor hereby warrants to the Publisher that as of the date of publication they are not aware of any pending claims, suits, actions or charges pertaining to the Contribution. Contributor also warrants that their contribution is original, they are the sole author of the submitted contribution which has not been published and is not under consideration for publication elsewhere and that neither the content nor any part of it is in any way whatever a violation of any existing copyright, patent, trademark or other intellectual property right of a third party, that it contains nothing obscene, indecent, objectionable, defamatory, misleading, libelous or unlawful and that the Contributor has full power to make this Agreement. Contributor agrees to notify Publisher immediately if Contributor becomes aware of any such actual or potential claims, suits, actions, allegations or charges of a third party.
If Contribution or any portion thereof has been previously published elsewhere or has been extracted, paraphrased or summarized from information published elsewhere, Contributor must inform Publisher about these facts on submission of that Contribution.
Contributor will be responsible for and agrees to indemnify, defend and hold harmless the Publisher, affiliates, officers, directors, shareholders, employees, agents, representatives, subscribers and customers from and against any and all Liabilities arising out of the publication of any Contribution or an alleged breach of Contributor's representations and warranties herein except to the extent arising out of Publisher's negligence or misconduct.
Publisher, in its sole discretion, may edit the Contribution as Publisher sees fit, whether for reasons of length, accuracy, legal reasons (such as potential defamation) or otherwise. Publisher is not responsible for a failure to edit, or an inadequate editing of, the Contribution for legal reasons. Contributor consents to Publisher amending and publishing Contributor's amended Contribution on this basis.
If Contributor is dissatisfied with any Contribution as edited or modified hereunder, Contributor's sole remedy is to withdraw that Contribution from publication; on such withdrawal, that Contribution will no longer be subject to this Agreement and Publisher will not have any liability or further obligation to Contributor in connection with such Contribution.
No guarantee of publication or continuing availability
Contributor expressly acknowledges and agrees that Publisher has no obligation to publish any Contribution or any portion thereof hereunder.
In Publisher's sole and absolute discretion, any or all of the Contributions may be deleted from the Website or dropped from future publications any time; without notice or liability to the Contributor and without limiting Publisher's rights under this document.
Publisher cannot and does not guarantee continuous uninterrupted publication or viewing of any Contribution on the Website. Publisher will have no liability whatsoever for the unavailability of any Contribution, the inoperability of the Website or the loss of any related opportunities or transactions incurred or suffered by Contributor, whether resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by Publisher or any third party or Internet service provider or host.
Publisher reserves the right to remove any Contribution if Contributor is no longer a paid subscriber of SharingIdeasMag.com for a minimum ongoing term of at least one year.
The Agreement will become effective as of the Effective Date and will, unless sooner terminated as provided below, remain effective in perpetuity. ???
Termination and amendments
Either party may terminate this Agreement for any reason upon written notice to the other party. Publisher may terminate this agreement by sending either an email to the Contributor's last known email address or to their last known mailing address. Contributors may forward their termination request via email addressed to email@example.com and must also forward a copy to the following address:
Technology Marketing Consultants, Inc.
9420 Reseda Blvd. Suite 610
Northridge, Ca. 91324
Publisher may amend this Agreement from time-to-time by providing Contributor with notice of the amended Agreement or by posting an updated notice on the Website. In addition to any other acceptance procedure, your submission of new Contributions following notice of the amended Agreement constitutes your acceptance of the amended Agreement. Except for the foregoing, this Agreement may be amended only by a written agreement signed by authorized representatives of both parties.
This License will be governed and construed in accordance with the laws of the State of California, excluding its conflict of law rules, and applicable federal law. In no event WILL WEBSITE PUBLISHER be liable to Contributor (I) for any CONSEQUENTIAL OR special damages INCURRED BY Contributor IN CONNECTION WITH THIS AGREEMENT AND (II) FOR ANY AMOUNT IN EXCESS OF $100.00.
If any provision or part of a provision in this Agreement is held to be illegal, invalid, or unenforceable by a court or other decision making authority of competent jurisdiction, then the remainder of the provision will be enforced so as to effect the intention of the parties, and the validity and enforceability of all other provisions in this Agreement will not be affected or impaired.
It is specifically understood and intended that Contributor is an independent contractor, and nothing herein is intended or shall be deemed to constitute that the Contributor is an employee of The Publishers.