SUBMITTAL AGREEMENT FOR
NOTHING BUT THE TRUTH SO HELP ME GOD: MY STORY
Your submission of content and text material (the “Essay”) to A Band of Wives, LLC constitutes Your agreement with and acceptance of the following terms and conditions (the “Submittal Agreement”):
Release of ABOW
For good and sufficient consideration acknowledged and received by You, You hereby release A Band of Wives, LLC (hereinafter referred to as “ABOW”) and those acting pursuant to its authority and its successors, assigns, contractors, employees, officers, agents and licensees from any and all claims, actions or liability arising in connection with any use, including without limitation the display, distribution, promotion, marketing, sale, transmission, reproduction or modification of the Essay or its derivatives, in any form and medium now existing or hereafter created, throughout the world and in perpetuity. You expressly consent to include the Essay in a collection of stories under a single published title (the “Anthology”) titled “Nothing But The Truth So Help Me God: My Story” or other title selected at the sole discretion of ABOW. You acknowledge that the Anthology, including Your Essay, may be duplicated and distributed in any and all manner and media now existing or hereafter created, in any and all languages, throughout the world, in perpetuity. You waive any and all moral rights in and to the Essay. You expressly release ABOW from any and all claims and actions related to this Submittal Agreement or the use of the Essay or images depicting You, directly or indirectly, including without limitation for invasion of privacy, publicity, defamation, infringement, misappropriation or any other cause of action arising out of the use, reproduction, publication, distribution, modification, display, performance or exhibition of such images. No sum is owed to You for the execution of this Submittal Agreement and ABOW shall not be obligated to pay You any sum whatsoever, regardless of the time or method of any future use of the Essay, or any image or depiction of You. ABOW shall own the copyright to the Anthology for publication, but You shall retain the copyright to Your Essay and rights other than the uses by ABOW in connection with the Anthology which you have released to ABOW under this Submittal Agreement.
You Are Responsible for All Essay Material and Content
You understand and acknowledge that You are responsible for Your Essay, and that You, not ABOW, have fully responsibility for the content of Your Essay, including its legality, reliability, accuracy and appropriateness.
Your Representations and Warranties
You warrant and represent that You are at least eighteen (18) years of age, that the Essay is Your original work of authorship, that You possess all necessary licenses, permissions, consents, rights, title and interest, to grant the above licenses and that the Essay submitted by You, and the submission of such Essay, does not and will not violate any rights, including the intellectual property rights (including but not limited to copyrights and trademark rights), of any third party. You agree that You will indemnify, defend, and hold harmless ABOW and its parents, subsidiaries, affiliates, customers, vendors, hosts, officers, and employees from any liability, damage or cost (including reasonable attorneys’ fees and costs) arising from or in connection with any claim or demand made by any third party due to violation of these representations and warranties, or otherwise arising out of Your submitted Essay.
You warrant and represent that Your Essay, in its entirety, does not violate applicable federal, state, local or international law or regulation. Without limiting the foregoing, You represent and warrant that Your Essay does not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Submittal Agreement.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Breach the terms of any applicable agreement, duty of confidentiality or privacy, court order, or judgment.
Entire Agreement, Disputes
This Submittal Agreement constitutes the entire agreement between You and ABOW with respect to the subject matter hereof. This Submittal Agreement supersedes any prior agreement, whether written or oral, between the parties concerning the subject matter hereof. This Agreement shall be governed and construed by the laws of the United States of America and the State of California, without reference to conflict of laws principles. Any legal suit, action or proceeding arising out of, or related to, this Submittal Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco, although ABOW shall retain the right to bring any suit, action or proceeding against You for breach of these Submittal Agreement in Your country of residence or any other relevant country, at ABOW’s election. You agree to waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
By clicking on the “Submit” button on the submission form below, you are agreeing that you have read this document completely before signing it and that you understand its contents.