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Contributing Author Terms and Conditions
Last updated: 03/07/2023
Please read the following terms and conditions agreement carefully. Upon submitting a Contributing Author Request Form, you agree to comply with these terms and conditions and all terms incorporated herein by reference. It is your responsibility, the prospective Contributing Author, to read the terms and conditions prior to submitting the Contributing Author Request Form.
The present terms and conditions (this “Agreement” or “Terms”) is a legal agreement between you and The Medley. This Agreement annuls and voids all previous agreements.
The term “Content” refers to any written Content, still photographs, or other materials that Contributor provides to The Medley for inclusion on http://www.thetmedley.com, The Medley’s website, or any connected publication. The Content must be unique and recently developed; it cannot have been utilized, published, presented in public, licensed, or used in any other way, as detailed in section two below.
You, the Contributor, agree to the terms and conditions of this Agreement as of the Effective Date by using the website thetmedley.com (the “Site”) and submitting a Contributing Author Request Form to contribute an article containing Content for publication on thetmedley.com (a “Guest Post”), whether accessed via computer, mobile device, or other technology, manner, or means. This Agreement is a legally binding contract between the Contributor and The Medley.
Scope of Agreement This Agreement relates to the creation of Content, including articles to be published on thethemedley.com website and any related publications. Nothing in this Agreement obligates The Medley to exercise any of the rights granted herein or be interpreted as a commitment by The Medley to sell, market, distribute, make available or advertise the Content in any way. The Medley shall have the right to remove Content at any time, at The Medley’s sole discretion.
Upon publication of a Contributor post, the Contributor acknowledges that the recognition received as well as any promotion from The Medley and links to Contributor’s bio, profile, website, or Medley publications constitute good and valuable consideration for the Content. Contributors are aware that they will not receive monetary compensation if they submit Content to The Medley.
Granting of Rights Contributor acknowledges that all copyright-eligible portions of the Content, including all material in the Guest Post, Contributing Author Request Form, and any original photos, videos, or audio recordings (“Original Media”) (collectively, the “Content,” as further defined above), are The Medley’s property and are regarded as “works made for hire” under the terms of Section 101 of the United States Copyright Act, 17 U.S.C. Section 101. The Medley or any of its subsidiaries, business partners, affiliates, or assignees shall have the right to obtain copyright protection for the Content. Contributor hereby assigns, conveys, and transfers all of its right, title, and interest in and to the Content to The Medley in the event that any of the Content is not determined to be “works made for hire.” This includes, without limitation, all perpetual rights to reproduction, display, transmission, distribution, and exploitation in any form or media, whether now known or later created or perfected, as well as all rights to create derivative works. Contributor acknowledges that The Medley may, at its sole discretion, change any such Content before incorporating it into print or online publication(s), including but not limited to thetmedley.com, or use the Content in any other way it deems appropriate. Contributor agrees to sign any documents that The Medley may judge necessary to complete this assignment or to safeguard The Medley’s ownership interests in the Content, in its sole discretion.
Services The conditions under which Contributor will provide the Content are outlined in this Agreement. Contributor will abide by this Agreement (and, if applicable, will ensure that its staff members and any sub contributors do as well).
Rights to Rejection and Approval The Medley reserves the right to reject any Content that does not conform to the guidelines it has established for the Content. The Medley shall not be required to use Contributor’s Content. Rejection of Content may result in termination of this Agreement.
Rights to Approving Contributions Upon submission of the Content, Contributor waives any moral or similar rights it may have, and acknowledges and agrees that The Medley will not be required to provide any materials containing the Content to Contributor for approval prior to any use. Contributor waives any right to inspect those materials prior to their use.
Warranties and Representations Contributor represents and warrants that (a) all Content provided to The Medley by Contributor is the sole and original work of Contributor, or Contributor shall be the exclusive owner or otherwise have obtained all licenses, rights, releases, and permissions from any third parties necessary for The Medley to use the materials in perpetuity in any way throughout the world, including in the manner described herein, including, without limitation, all intellectual property rights therein; (b) this Content has not been published on any other website, forum, chat, or social media network. Contributor has all the rights, power, and authority to enter into and perform this Agreement, and to grant and vest all rights set forth in this Agreement to The Medley, free and clear of any claims, rights, or obligations whatsoever; and (C) use of the Content in accordance with the provisions provided hereunder, The Medley or any subsidiary or assignee will not infringe upon (directly or contributor), misappropriate, or violate any third party’s proprietary rights or personal rights, nor will The Medley be held liable for any royalties, residuals, union or guild fees or obligations, nor will The Medley be attributed to any third party in any way. Additionally, Contributor represents and warrants that all of its employees and subcontractors who shall be involved in any project under this Agreement have signed enforceable written agreements that assign Contributor ownership of all copyrights and other proprietary rights in the Content that is created during the course of their engagement.
Indemnification Contributor is responsible for holding The Medley, its subsidiaries, affiliates, and each of their officers, directors, employees, agents, and representatives harmless from any loss, damage, or expense that The Medley, its successors, assigns, or licensees may suffer as a result of a breach or alleged breach of any of Contributor’s representations, warranties, or obligations under this Agreement, including court costs and reasonable attorney fees. The Medley shall have the right to consent to the settlement of any claim subject to this Section and the right to participate in the defense and settlement of any such suit or proceeding with counsel of its choosing.
Arrangements Between the Parties Contributor performs its obligations as an independent Contributor, and this Agreement does not create an agency, partnership, joint venture, or other joint enterprise between the parties. Contributor has no authority to bind The Medley by contract or otherwise Contributor acknowledges that The Medley may engage any other entity to provide similar services, and The Medley is not obligated to enter into any further agreement with Contributor or to engage Contributor for additional services. Contributor may not assign this Agreement without The Medley’s prior written consent. The Medley shall be free to assign this Agreement, in whole or in part, and to delegate its responsibilities hereunder without Contributor’s agreement.
Governing Law This Agreement will be governed by the laws of the State of Texas, without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, shall be filed within the courts having jurisdiction within Williamson County, Texas or the U.S. District Court located in said state.
Miscellaneous There will be no waiver, modification, or addition to this Agreement without the written consent of all parties. This Agreement will be binding on our successors, assigns, and representatives. This Agreement cannot be waived, modified, or added to without a written document that is signed by all parties. Our representatives, assigns, and successors are all bound by this Agreement.