PLEASE READ CAREFULLY: THIS CONTRIBUTION AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE “WRITER”) AND FAMILYLAWYERMAGAZINE.COM (“FAMILY LAWYER MAGAZINE”). BY SUBMITTING A CONTRIBUTION TO FAMILYLAWYERMAGAZINE.COM AND/OR FAMILY LAWYER MAGAZINE, YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Effective Date: “Effective Date” means the date on which you accept this Agreement by sending your Contribution to FamilyLawyerMagazine.com.
2. Contribution: “Contribution” means the work of authorship contributed by you to FamilyLawyerMagazine.com in connection with this Agreement.
3. License: Subject to the terms and conditions of this Agreement, you grant FamilyLawyerMagazine.com an exclusive royalty-free worldwide license to edit and publish the Contribution on FamilyLawyerMagazine.com, in Family Lawyer Magazine, and via syndication partnerships. You retain ownership and copyright of the original, pre-edited Contribution with the stipulation that you will not post the Contribution elsewhere online – with the exception of your own website or blog – for the duration of this Agreement. (See Section 10, “Term and Termination” for additional details.)
4. Attribution: In the event your Contribution is published, you will receive attribution in the form of a “byline.” The exact format and placing of the attribution is subject to FamilyLawyerMagazine.com’s discretion. Writers will receive a short bio and link to their website at the end of their Article.
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9. Indemnification: You agree, at your own expense, to indemnify, defend and hold harmless FamilyLawyerMagazine.com, its affiliates and parent company and each of their respective officers, directors, employees, representatives, licensees, and agents from and against and in respect of any and all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands or other proceedings brought against FamilyLawyerMagazine.com, its affiliates or parent company or any of their respective officers, directors, employees, representatives, licensees or agents, including without limitation reasonable legal fees and expenses, relating to, based upon, incident to, arising from, or in connection with (a) your breach of any of your representations or warranties herein; (b) any claim or allegation that the Contribution infringes in any manner any Intellectual Property Right or any other right of any third party, is or contains any material or information that is obscene, defamatory, libelous, slanderous, or that violates any law or regulation, or violates any rights of any person or entity, including without limitation rights of publicity, privacy or personality, or has otherwise resulted in any consumer fraud, product liability, tort, deceptive trade practice, breach of contract, injury, damage or harm of any kind to any third party.
10. Term and Termination: The Agreement will become effective as of the Effective Date and will, unless sooner terminated as provided below, remain effective in perpetuity. Either party may terminate this Agreement for any reason upon 14 days’ written notice to the other party. Upon Termination, copyright for Contributions reverts to the Writer; FamilyLawyerMagazine.com reserves the right to keep the Contribution on the website after the Agreement has been terminated.
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13. Relationship of the Parties: The parties acknowledge and agree that they are dealing with each other as independent contractors. Neither the Agreement, nor any terms and conditions contained in the Agreement may be construed as creating or constituting an employee-employer relationship, a partnership, a joint venture, a franchise, or an agency between you and FamilyLawyerMagazine.com. Neither you nor FamilyLawyerMagazine.com may bind the other in contracts with third parties or make promises or representations on behalf of the other party without a signed written consent, and employees and agents of one party are not for any purpose employees or agents of the other.
14. Severability: If any provision or part of a provision in this Agreement is held to be illegal, invalid, or unenforceable by a court or other decision-making authority of competent jurisdiction, then the remainder of the provision will be enforced so as to effect the intention of the parties, and the validity and enforceability of all other provisions in this Agreement will not be affected or impaired.
15. No General Waiver: Waiver of any one default will not waive subsequent defaults of the same or different kind, and no failure or delay of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights.
16. Amendments: FamilyLawyerMagazine.com may amend this Agreement without notice. In addition to any other acceptance procedure, your submission of new Contribution following notice of the amended Agreement constitutes your acceptance of the amended Agreement. Except for the foregoing, this Agreement may be amended only by a written agreement signed by authorized representatives of both parties.
17. Third-Party Beneficiary: FamilyLawyerMagazine.com’s affiliates and parent, and their respective officers, directors, employees, representatives, licensees, and agents shall be third-party beneficiaries under this Agreement solely with respect to Section 9. As third-party beneficiaries, they shall have the right to enforce Section 9 on their own behalf, but are not parties hereto and shall have no obligation under this Agreement.