Apps-School.com (“Website”) and American Virtue (“Company”) appreciate your interest in submitting an original article (“Submission”) for consideration by Company and Website. To make your Submission, please read and agree to the following Article Submission Agreement:
ARTICLE SUBMISSION AGREEMENT
I wish to make a Submission ("Submission") to Apps-School.com ("Website"), and by this Submission I declare that I agree to all of the terms of this Article Submission Agreement ("Agreement"):
1. Writer and Submission. This Submission includes and contains an original, unsolicited article (“Article”), and/or other material which may include, without limitation, original or derivative ideas, works of authorship, titles, captions, artistic works, photographic works, concepts, methods, improvements, designs, discoveries, ideas, software, websites, trademarks, trade dress and trade secrets, whether or not patentable or registerable under patent, copyright, trademark or similar laws, solely or jointly conceived, and whether or not produced, developed, experimented upon or reduced to practice (collectively, "Material"). The Submission is being submitted for consideration on an unsolicited basis, with the understanding that Website has not made any promises, representations, warranties or inducements to me personally or with regard to the contents of the Submission. For purposes of this Agreement (a) the term “Submission” includes both the Article and any other Material included or incorporated with the Article at the time of submission or afterward, and (b) the term “Writer” means the person or entity making the Submission.
2. Request for Review of Submission. Writer requests that Website and Company read and evaluate the Submission for possible publication on Website. Writer understands and agrees that Company and Website are willing to read, accept and consider the Submission only because Writer has agreed to all of the terms of this Agreement, and that Company and Website have no obligation to return, reply to, comment on, accept or publish the Submission under any circumstances.
3. No Obligation. Company and Website have no obligation to Writer of any kind, express or implied, relating to, arising out of, or created by receipt of any Submission. Company and Website have no obligation to accept or publish any Submission in whole or in part. If Company and Website decide, in their exclusive discretion, to publish part or all of a Submission, this Agreement forms the sole contract and agreement between Company, Website and Writer, and may be modified or amended only by a writing executed by Company, Website and Writer which specifically states that it modifies this Agreement.
4. Term. This Agreement is effective on the date agreed to by Writer and will continue in full force and effect until terminated in accordance with its terms, by mutual agreement of the Parties, or by applicable law. Company and Website may terminate this Agreement unilaterally at any time by written notice to Writer.
5. Submission. Writer’s Submission consists of one (1) original, completed Article containing commentaries, editorials or other original works of authorship and all related or attached Material(s). Submissions must comply with the Submission guidelines and/or requests for articles posted on Website and may not contain profanity, obscene language or images, or sexual or other “adult” content. Company and Website have the sole, exclusive, discretionary right to decide whether or not a Submission should be published on Website, and may deny publication for any reason or no reason. Company and Website agree to review and consider the Submission for possible publication on the Internet Website located at http://www.Apps-School.com. Writer hereby represents and warrants to Company that (a) the Article and all other Material included in the Submission are the original work product of Writer and solely owned by Writer, or (b) Writer has the sole and complete actual and legal authority to enter into this Agreement, to authorize publication of all portions of the Submission, and to make the representations and warranties contained in this Agreement. Writer hereby consents to publication and use of the Submission on Website in accordance with the terms of this Agreement. Writer further agrees to obtain valid, signed releases, in form and content acceptable to Company, from or on behalf of all people who appear in photographs, videos, and/or audio-visual portions of the Submission.
6. Grant of Rights. Writer hereby grants, transfers and assigns to Company and Website the permanent, continuing, non-exclusive right to (a) publish the Submission on the Website in digital, online, and electronic formats, including without limitation publication on and via the Internet, and (b) use portions of the Submission in and in connection with Company and Website advertising and promotional activities, in print, electronic, online and digital formats, provided that all such advertising and promotional activities credit Writer as the author of the Submission. Writer specifically acknowledges that this grant of rights includes the right to publish the Submission on the Internet, on an unrestricted website accessible to the general public, and in electronic format.
7. Attribution. Company and Website will take commercially reasonable steps to credit Writer as the author of the Submission, using the name Writer used at the time of and in connection with the Submission. Company and Writer acknowledge and agree that (a) use of a byline or author credit for Submissions does not make Website or any other Website Content a “joint work” or give Writer any right, title or interest in or to any Company publication or the Website, and (b) the failure to credit Writer for the Submission does not and will not constitute a breach of this Agreement or of any duty owed by Company or Website to Writer unless the failure resulted from the willful misconduct of Company or Website. Writer accepts full responsibility for the accuracy and honesty of all portions of the Submission, and represents and warrants to Company and Website that the name Writer gives in connection with the Submission is the actual legal name of the writer and/or sole legal owner of the Submission.
8. Publication. If Company and Website decide to publish part or all of the Submission, the portion of the Article and/or related Materials chosen for publication will be published on Website. Company and Website may publish part or all of the Submission, at Company and Website’s exclusive discretion. Company and Website may, but need not, notify Writer by email that the Submission has been accepted for publication. Company and Website may continue to publish the Submission in part or in full for as long as Company and Website desire and may remove the Submission at any time, with or without additional consent from Writer. Company and Website have the absolute right to cancel, terminate, or withhold publication of Submissions with or without cause and have no obligation to publish any or all Submissions.
9. Editing, Withdrawal Notice. Company and Website reserve the right to revise, edit and rewrite all Submissions and/or to request that Writer revise, edit and rewrite Writer’s Submission to comply with this Agreement, editorial, stylistic or artistic preferences, space needs and other considerations. Writer expressly waives all “moral rights” relating to the Submission as submitted and as edited or published by Company. If Writer is asked to revise, edit or rewrite the Submission, Company and Website staff will provide reasonable instructions as to the nature and extent of requested changes. Writer may refuse to personally make requested changes but may not prevent Company or its representatives from revising, editing or rewriting the Submission or from publishing the Submission as revised, edited or rewritten. Writer must notify Company and Website in writing if Writer wishes Company and Website not to use the name of Writer in connection with the final version of the Submission (“Withdrawal Notice”). Company and Website will remove Writer’s name from the Submission within a reasonable amount of time after receipt of a properly drafted Withdrawal Notice but may publish the Submission without Writer’s name. Company and Website will incur no liability for use of Writer’s name in connection with Submissions published prior to receipt of an appropriately drafted Withdrawal Notice, provided that Company and Website remove Writer’s name from the published Submission within a reasonable time after receipt of the relevant Withdrawal Notice.
10. Compensation. Consideration of the Submission for possible publication and/or publication of part or all of the Submission on Website is the full, complete and only compensation due Writer under this Agreement. No additional compensation is due Writer, whether or not Company and Website publish, refuse to publish and/or cancel publication of Writer’s Submission(s) for any reason.
11. No Employment Relationship. Writer warrants, acknowledges and agrees that (a) Writer is an independent contractor making the Submission on Writer’s own behalf, (b) Writer is not and will not claim to be a member, manager, agent, representative, employee or owner of Company or Website, (c) Writer has no right or claim to compensation or benefits from Company or Website, and (d) this Agreement does not, and will not be deemed to, create any business arrangement, joint venture, joint authorship, employment or other legal relationship between Company, Website and Writer except as expressly provided herein.
12. Representations and Warranties of Writer. Writer hereby represents and warrants to Company that (a) the Submission is an original work of authorship written and/or owned entirely by Writer, which does not include any dishonest, plagiarized or inaccurate statements, (b) Writer has the capacity and authority to enter into this Agreement and compliance with the terms of this Agreement will not, now or in the future, violate the terms of any other contract or agreement to which or by which Writer is bound or legally obligated, (c) the Submission is not in the public domain and has not appeared and will not appear in print or any other published source, including without limitation electronic sources, prior to publication on Website except as disclosed to Company and Website by Writer at the time of Submission, (d) the Submission does not and will not infringe, violate or conflict with the intellectual property rights of any third party, including without limitation rights of copyright, trademark, trade secret and rights to proprietary works, (e) the Submission is not in any way defamatory, libelous, obscene or an incitement to an illegal act, does not and will not illegally infringe upon the privacy or contract rights of any person or entity, and does not and will not violate the law of any state or the United States, (f) content, recipes, instructions, or recommendations contained or referenced in the Submission are not and will not be harmful or injurious to any reader, user or third party, (g) Writer will not solicit, receive or accept payment, compensation or anything of value from any third party in exchange for inserting, using or recommending a name, product or other content in any Submission, except as disclosed to Company and Website at the time of Submission, and Writer will disclose in advance any actual, apparent or potential conflict of interest which might interfere with or bias the nature, content or tone of the Submission in a manner unacceptable to Company, (h) Writer will retain copies of all sources cited or referenced in the Submission and will support or verify all statements of fact, quotations and other citations contained in the Submission at the request and to the satisfaction of Company. All of the representations and warranties contained in this paragraph will survive expiration or termination of this Agreement.
13. Mutual Warranties. Writer, Company and Website each hereby represent and warrant to the others that (a) the warranting party has read this Agreement completely and carefully and understands its contents and legal consequences, (b) the warranting party has been made aware of his or her right to be separately represented by counsel and has either obtained representation or waived representation and (c) the warranting party is entering into this Agreement voluntarily and no person or entity (whether or not a party to this Agreement) has made any threats, promises or representations of any kind whatsoever to induce the warranting party to execute this Agreement aside from the anticipated performance of the terms and provisions hereof. This paragraph and the representations and warranties contained herein will survive expiration or termination of this Agreement.
14. Indemnity. Writer will indemnify Company and Website against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorney fees (collectively “Costs”) resulting from or arising out of Writer’s breach of the agreements, representations and warranties made by Writer in this Agreement. This paragraph will survive termination or cancellation of this Agreement.
15. General Terms. Writer hereby acknowledges and agrees that this Agreement is personal in nature and neither of the Parties may assign or transfer any interest in or arising out of this Agreement without the written consent of the other Party except as specifically permitted by this Agreement or applicable law. This Agreement will be binding on and inure to the benefit of the Parties and their heirs, personal representatives, and permitted successors and assigns. Captions used in this Agreement are for convenience and ease of reference only and will be disregarded for all other purposes, including construction or enforcement of this Agreement. Defined terms in this Agreement apply equally to both singular and plural forms. As context requires, all pronouns include and incorporate the corresponding masculine, feminine and neuter forms. This Agreement may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. This Agreement (a) is the final, complete and exclusive statement of the agreement between Company, Website, and Writer, (b) replaces and supersedes any and all prior or contemporaneous oral or written agreements or understandings between Company, Website, and Writer and (c) may only be modified or amended by a written instrument executed by Company, Website, and Writer which expressly states that it amends this Agreement. Each Party agrees to take reasonably necessary further actions, to promptly execute and deliver any and all additional documents, instruments, notices and other assurances, and perform other reasonably necessary acts to ensure and effect the performance of its obligations under this Agreement. This Agreement was executed in and will be construed and enforced in accordance with the laws of the State of Washington. Nothing contained in this Agreement will be interpreted to require the commission of an illegal act or a violation of applicable law. If any conflict arises between the terms of this Agreement and applicable law the law will prevail, the relevant provisions of this Agreement will be deleted, modified or limited to the extent necessary to comply with law and the other provisions of this Agreement will remain in full force and effect. Notwithstanding any rule or maxim of construction to the contrary, no ambiguity or uncertainty shall be construed against either of the Parties based upon authorship of any of the provisions of this Agreement. Failure to enforce any provision of this Agreement does not and will not constitute a waiver of the right to enforce the same or any other provision in any subsequent situation. Time is of the essence as to every provision of this Agreement that specifies a time for performance.
I, Writer, agree to and accept this Agreement without reservation. I understand that the decision to click the words "I ACCEPT THE TERMS OF THE SUBMISSION AGREEMENT" indicates my full and complete agreement to each and every one of the terms of this Agreement as if I had signed a written document containing the same.