We are excited that you are sharing your work with us! Please read the following agreement carefully.
This Submission Agreement sets forth the legally binding terms for your use of the Submission Services. If there is any conflict between the Submission Agreement and the Terms and Policies outlined on this website, the Submission Agreement shall take precedence solely with respect to Work you submit to StokeandShutter.com (“Publisher”) for possible publication. By agreeing to the Submission Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by the Submission Agreement, and (2) you represent that you are of legal age to form a binding contract and you have the authority to enter into the Submission Agreement.
- This is the Submission Agreement between you, the author of certain content (“Author”) and StokeandShutter.com, (“Publisher”), regarding certain content of the Author, hereinafter referred to as the “Work” submitted to Publisher for possible publication. Author acknowledges and agrees that Publisher receives content from various third parties for possible publication by Publisher, as well as develops content internally. Publisher has no obligation to publish Author’s Work and may publish similar content to the Work that Author submits. Author irrevocably agrees not to assert any claim of idea appropriation, misappropriation, or any other similar claims of any kind with respect to the Work.
- Author shall retain ownership of the copyright and all right, title and interest, in the Work, subject to the rights granted to Publisher in this Agreement. Author hereby grants Publisher a non-exclusive, perpetual, royalty-free, worldwide right and license, with rights to sublicense, to distribute, publicly perform and publicly display in any form or medium (electronic or print), reproduce, modify, translate, edit and make derivative works of the Work. Author acknowledges that the rights granted to Publisher include the right to publish the Work on any of the websites, email newsletters, and social media platforms within the Publisher’s network, as well as any future publications associated with Publisher, which includes its content syndication partners1. Publisher may commercially benefit from use of the Work, and may use the Work to promote Publisher, as well as its content syndication partners.
- In exchange for the rights granted to the Publisher herein, if Publisher chooses to publish the Work, Author will receive potential exposure to readers on a Publisher platform. AUTHOR ACKNOWLEDGES AND AGREES THAT AUTHOR IS SUBMITTING THE WORK TO PUBLISHER WITH THE UNDERSTANDING THAT AUTHOR WILL NOT RECEIVE A PAYMENT FOR THE RIGHTS GRANTED HEREIN. AUTHOR SHALL BE ENTITLED TO NO OTHER COMPENSATION OF ANY KIND, INCLUDING AS A RESULT OF ANY COMMERCIAL BENEFIT PUBLISHER MAY RECEIVE IN CONNECTION WITH THE PUBLICATION OF AUTHOR’S WORK.
- The Author represents and warrants that: (a) Author is the sole author of the Work and that Author has all necessary rights to grant the rights to Publisher granted herein, (b) the Work is original and does not infringe any third party’s rights, including any intellectual property rights or right of publicity or privacy, and (c) the Work does not contain any false or defamatory material. Author shall indemnify and hold Publisher harmless from and against any and all claims, losses, costs and expenses, including reasonable attorneys’ fees, which Publisher may incur as a result of claims made by third parties arising from a breach by Author of this Section 4.
- INDEMNITY. Author will indemnify, defend and hold Publisher harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from or related to: (a) breach of any of Author’s representations and warranties in this Agreement; (b) any third party claims related but not limited to Publisher’s use of submitted Work, infringement, misappropriation or violation of third party’s intellectual property or other third party rights and (c) any third party claim that is based on any act or omission of Author that results in personal injury, death, property damage or the violation of any law, ordinance or regulation.
- LIMITATION OF LIABILITY. IN NO EVENT WILL PUBLISHER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE THEORY OF LIABILITY, ARISING FROM OR RELATED TO THIS SUBMISSION AGREEMENT OR PUBLISHER’S USE OF THE CONTENT AND APPEARANCES, EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Nothing in this Submission Agreement excludes or limits or purports to exclude or limit the liability of either party for: (a) death or personal injury resulting from negligence; (b) any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party; or (c) for any liability which cannot be excluded or limited by applicable law.
- This Submission Agreement sets forth the entire understanding and Submission Agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to the subject matter of the Submission Agreement. Author also agrees to be bound by Publisher’s Terms of Service (“General Terms”), which is incorporated herein by reference. If there is a conflict between this Submission Agreement and the General Terms, for purposes of this Submission Agreement and the Work, the terms and conditions of this Submission Agreement shall control. If any provision of this Submission Agreement shall be found to be unenforceable, the remaining provisions of this Submission Agreement shall remain in full force and effect. This Submission Agreement will be governed and construed in accordance with the laws of the State of Maryland.
BY CLICKING THE “AGREE” BUTTON AND UPLOADING YOUR CONTENT, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT UPLOAD YOUR CONTENT.