Business View Publishing – Publishing Terms and Conditions
The following Terms and Conditions (the “Terms”) apply to all submissions of material for publication by Business View Publishing (the “Company”) and/or any of its affiliates or related entities from time to time in or in connection with Business View Magazine, and all contracts and agreements arising from the acceptance of such submissions by the Company. By submitting materials to the Company for publication, you acknowledge and agree that you have read these Terms and agree to be bound by them. These Terms are subject to change by the Company from time to time in its sole discretion.
1. Definitions
In these Terms:
a. “Contributor” means the party submitting materials to the Company for publication, and, where applicable, includes all of their heirs, executors, successors, permitted assigns, employees and/or agents;
b. “Contract” means the agreement between the Company and the Contributor for the publication of the Work, which is deemed to incorporate these Terms by reference;
c. “Magazine” means Business View Magazine, or any related or affiliated publications released by the Company in connection therewith in any form of print or electronic media;
d. “Use” includes, without limitation, any of the following acts with the Work or a substantial part thereof: (i) reproduction and publication or any translation of the Work; (ii) communication of the Work to the public by written publication or by any other media or means, (iii) possession of the Work for the purpose of sale, distribution or exhibition, and (iv) authorization of any of the foregoing; and
e. “Work” means all materials submitted by the Contributor to the Company for publication, and includes all written material, images, photographs, illustrations, and any other supplementary matter.
2. Grant of Rights. The Contributor hereby grants to the Company a perpetual, [exclusive], irrevocable, fully paid-up and royalty-free license, throughout the world to Use the Work in any manner whatsoever in connection with the Magazine, or in any other publication directly or indirectly under the auspices of, as part of a venture with or in association with, the Magazine, whether in print, digital, electronic or any other material form or format whatsoever, including any new technological forms and formats that may become available in the future, whether existing presently or not. In connection with the foregoing, the Contributor irrevocably waives in favor of the Company any and all moral rights that the Contributor may enjoy now or in the future in any jurisdiction or territory throughout the world in relation to the Work.
3. Agreement to Publish. The Company agrees to publish and distribute the Work at its own expense, except as may be specifically provided elsewhere in these Terms. The Company shall publish the Work in whatever style and format it thinks most suitable and shall promote and sell it in such manner as it reasonably believes best meets the requirements of the market and potential readers of the Magazine. While the Company may, in its sole discretion, consult the Contributor with respect to said style and format, the Company retains the right to make all final decisions on matters of title to the article, subtitle, format, design, cover, and marketing.
4. Warranties, Undertakings and Indemnities.
(a) The Contributor hereby warrants and undertakes that:
i. the Contributor is the sole Contributor of the Work;
ii. the Contributor is the sole owner of the publishing and all other rights to the Work which are granted hereunder, and that said rights are not subject to any prior agreement, lien or other right which may interfere with or impair the rights of the Company under these Terms;
iii. the Contributor has the full power to make the agreements and grant the rights specified herein, and has not previously dealt with these rights and licenses in such a manner that would conflict with the Contributor’s grant to the Company hereunder;
iv. the Work is original, except for any copyrighted material of others incorporated in the Work, for which the Contributor has obtained permission to use and grant rights to as contemplated herein;
v. the Work has not previously been published in any other print or online media publication;
vi. to the Contributor’s knowledge the Work does not infringe upon the statutory or common law copyright or other personal or proprietary right of any other person anywhere in the world;
vii. the Work contains no libelous, obscene, or other unlawful, harmful, or defamatory matter;
viii. the Work does not violate or invade any right of privacy or publicity;
ix. the Work contains no material that is (1) harmful so as to subject the Company to liability to any third party, or (B) otherwise contrary to the laws of any applicable jurisdiction; and
x. all factual statements in the Work have been carefully researched for accuracy.
(b) The Contributor hereby acknowledges and agrees that, prior to publication, the Contributor will advise the Company of any statements or elements of or in the Work that might be construed as libelous, defamatory, or otherwise unlawful, and of any material for which the rights are controlled by others (the “Copyrighted Material”).
(c) Where necessary, the Contributor will obtain, prior to publication, at the Contributor’s sole expense, permission in writing from the owner of the Copyrighted Material for the Company to publish the Copyrighted Material in the Work, which permission shall include all subsequent variations of the Work, in print, electronic or any other format throughout the world. Alternatively, if the Company determines, in its sole discretion, that it will obtain permission to use the Copyrighted Material, the Contributor will reimburse the Company for any fees paid by the Company for the use of such Copyrighted Material.
(d) In the event of any legal action based upon an alleged violation of any of these warranties and undertakings, the Company shall have the right, but not the obligation, to defend the same through counsel of its own choosing in the name of the Contributor or the Company, or both, and the Contributor shall cooperate with the Company in such defense.
(e) The Contributor agrees to indemnify and hold harmless the Company and its officers, employees, directors, agents, licensees, distributors and sellers of the Work (each, an “Indemnitee”) from and against any claims, demands, actions, proceedings, suits, liabilities, damages, costs (including reasonable counsel fees), or expenses (each, a “Claim”) which may be brought or had against any Indemnitee by reason of any Claim which constitutes a breach of the foregoing warranties and undertakings.
(f) This Section 4 shall survive any termination or expiration of the Contract.
5. COPYRIGHT. The Contributor hereby assigns to the Company all copyright in and to the Work and hereby appoints the Company as its power of attorney to execute any and all such documents that may be required to assign such copyright to the Company.
6. EDITING. The Company reserves the right, in its sole discretion, to make such editorial revisions to the Work as deemed necessary or appropriate to make the Work suitable for publication in the Magazine. Without limiting the generality of the foregoing, the edits may include revisions for the sake of consistency of style, correction of grammar or spelling, and/or greater readability; provided that no substantive changes affecting the content of the Work will be made without the Contributor’s express approval.
7. GOVERNING LAW. These Terms shall be governed and construed in accordance with the laws of [TBD].
8. NOTICES. Any notice or communication made pursuant to the provisions hereof must be addressed to the recipient and be in writing, effective when delivered by any means, including fax transmission or email, to the addresses given by the parties from time to time.
9. ASSIGNMENT AND ENUREMENT. The Contributor may not assign any of its rights or obligations under the Contract without the prior written consent of the Company. The Contract shall ensure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors, and permitted assigns.
10. INTERPRETATION. The titles and paragraph headings used herein are for convenience and organizational purposes only and do not impact the meaning of the terms or provisions in any way.
11. NO WAIVER. No waiver of any provision of the Contract (including these Terms) is binding unless it is in writing and signed by all parties. No failure to exercise, and no delay in exercising, any rights or remedy under the Contract will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of the Contract (including these Terms) will be a waiver of any subsequent breach of that provision.
12. SEVERABILITY. In the event that any provision in the Contract or these Terms shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof and thereof will not in any way be affected or impaired thereby.