This Submitting Writer Agreement (“Agreement“), effective as of the date of submission, is between I Love My Vibrators! (“ILMV”) and the submitting author (“Author”).
This Agreement sets forth the conditions under which Author provides content (including but not limited to articles, tweets, ideas, and/or photos) to I Love My Vibrators!.
1. SERVICES. Author shall provide the following services (“Content”):
- Submit attached articles, photos, texts, videos, ideas, or other content to ILMV for use on any websites, social media, and current or future works, publications, and mediums.
CONTENT. Author agrees that all Content meet the following standards:
- Original to Author. Content is not written or owned, either in part or in full, by another individual or party. Content has not been copied or previously published, such to violate any copyright or intellectual property rights, including republication of one’s own work. Author has the right to publish Content.
- Content properly cites any quoted, referenced, or otherwise republished material that is used (including but not limited to quotes, passages, research findings, and photos).
- Does not victimize, harass, degrade, attack, defame, or intimidate an individual or group of individuals for any reason, including on the basis of religion, gender, sexual orientation, ethnicity, age, disability, or any other status.
- Does not promote or encourage and illegal, unsafe, harmful, or unhealthy behaviors, including but not limited to, unsafe sex, nonconsensual sex, assault, underage drinking, binge drinking, drug use, or eating disorders.
- Does not contain pornography, graphic imagery, erotica, or excessive adult content.
- Follow any provided templates and guidelines.
3. PAYMENT. It is agreed and understood by both parties that Content submission is unpaid. Author may use contributions to ILMV as writing exposure and experience. Experience can be used for resumes, college applications, work reference, personal reference, or other associated endeavors. Author may have a unique page on ilovemyvibrators.com archiving all contributions, in which he or she may provide links to his or her Twitter account or other works in the Bio section, upon the approval of ILMV. Upon the approval of ILMV, Author may also have a signature line on each contribution, with a short bio and links to Twitter and/or other works. Author acknowledges and understands that he or she shall not be entitled to any royalties of any type in reference to Content submitted unless otherwise agreed to in writing by both parties.
4. OWNERSHIP OF PROPERTY. Author agrees that all submitted works and Content is a “Work for Hire” under the Copyright Act; and to the degree that Content are not deemed to be a “Work for Hire” under the Copyright Act by a court of law, Author hereby assigns all right, title, and interest in the Content to ILMV indefinitely, including all copyrights and any other rights in law or equity (including but not limited to other derivative works of any kind). ILMV has the right to publish, edit, disperse, advertise, alter, or otherwise use said Content at any time, in any way, in part or in full, anywhere, with or without notice or recognition. ILMV reserves the right to not use Content at its sole discretion. Author cannot publish, market, sell, or otherwise use any Content submitted to ILMV on other blogs, sites, journals, books, news, or other media outlets. Author may link to published Content, provided that he or she follow appropriate citation, reference, and linkage guidelines, such to bring readers directly to published Content on site. Author has the right to request that his or her personal legal name be removed from Content and/or the site. ILMV reserves the right to publish, edit, disperse, maintain, or otherwise use the pen name and/or username of Author on media and future works, unless otherwise agreed upon in writing. Author does not have the right to publish, disperse, sell, maintain, or otherwise use pen name or username in other publications or social media in any way during or after Term.
5. TERM AND TERMINATION. This Agreement begins on the effective date of submission, and continues indefinitely, without termination. It is understood by both parties that any materials submitted shall be subject to the terms and conditions of this agreement, indefinitely. Any confidential materials given to Author will be returned to ILMV and kept confidential, as defined by Section 7.
6. RELATIONSHIP OF PARTIES. It is understood by the parties that Author is an independent contractor with respect to ILMV, and not an employee of ILMV. As such, ILMV is not required to provide fringe benefits, including insurance, paid vacation, or any other employee benefit, to Author. Author does not have right to any media outlets or content developed in part or in full by ILMV.
7. CONFIDENTIALITY. Author understands that entering into this Agreement with ILMV, Author may come into contact with and/or learn about privileged information pertaining to ILMV. Author agrees not to divulge, disclose, or communicate in any manner, either directly or indirectly, any information that is confidential to ILMV without expressed written consent. Author will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of Agreement, all confidential materials, such as Twitter accounts, passwords, and e-mail addresses, are understood to be the property of ILMV. Author shall return any confidential materials to ILMV immediately upon termination, and remove him or herself from association and engagement with all such materials.
8. INDEMNIFICATION. Author will indemnify and hold ILMV harmless for any claims, matters, complaints, liabilities, and actions arising out of Author’s association with or contributions to ILMV.
9. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement, whether oral or written.
10. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited, to the maximum extent permissible.
11. JURISDICTION. This Agreement is subject to and enforced under any applicable federal laws and regulations, shall be governed by the laws of New Jersey, and falls under the jurisdiction of the county of Burlington in the state of New Jersey.