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a. The term “ORIGINAL Contribution” means any original photo, graphic, story, observation, essay, personal experience, or any other material posted or submitted by You to FFP. The term “SYNDICATED CONTRIBUTION” means any other photo, graphic, story, observation, essay, or any other material posted or submitted by You to FFP which IS ORIGINAL TO YOU AND HAS ALREADY BEEN PUBLISHED ON ANOTHER SOURCE WEBSITE OR SOCIAL MEDIA CHANNEL, AND TO WHICH YOU RETAIN THE RIGHTS TO REPUBLISH WITH FFP.
b. FFP has no obligation to use, post, or otherwise publish any of Your ORIGINAL Contributions, in its sole discretion. FFP may use all, or some, or none of your ORIGINAL Contributions and may remove them from Parents or the FFP website or social assets altogether at any time for any reason, in its sole discretion.
a. With respect to any and all worldwide copyrights in your ORIGINAL Contributions:
• You hereby grant to Us a perpetual, irrevocable, non-exclusive, worldwide, transferable, no-charge, royalty-free, unrestricted license to utilize and exercise the worldwide copyrights in Your Original Contributions and to use Your ORIGINAL Contributions for any purpose or use for which we see fit. This includes, at FFP option, the right to use, reproduce, parody, transfer to video, prepare derivative works of, modify, publicly display, publicly perform, advertise, market, exploit, and distribute Your ORIGINAL Contributions, and sublicense these same rights to third parties through multiple levels of sublicensees or other licensing arrangements;
• You agree that if we create (or hire an individual or entity to create for Us) a derivative work using Your ORIGINAL Contributions, then We will be the sole owner of that derivative work;
• You agree that You will not assert any moral rights in your ORIGINAL Contributions against Us, our licensees, transferees, successors, or assigns;
• You agree that We have no duty to consult with, obtain the consent of, pay, or render an accounting to You for any use or distribution of Your Original Contributions.
b. You agree that FFP will have the exclusive use of each of Your ORIGINAL Contributions for sixty (60) days from the date on which each of Your individual ORIGINAL Contributions is posted to FFP. After those sixty days has passed with regard to an ORIGINAL Contributions, You may use that ORIGINAL Contributions for any legally allowable use.
c. Except as set out above, you keep all right, title, and interest in Your ORIGINAL Contributions. The rights that You grant to Us under this Agreement are effective on the date You first submitted an ORIGINAL Contributions to Us, even if Your submission took place before the date You signed this Agreement.
d. You covenant, represent, warrant, and agree that:
• each ORIGINAL Contribution that You submit is and shall be an ORIGINAL work of authorship owned by You and You can legally grant the rights set out in this Agreement;
• to the best of Your knowledge, each ORIGINAL Contribution will not violate any third party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity, nor will it defame any person or entity; and
• You have the legal right and authority to enter into this Agreement.
e. You agree to notify Us if You become aware of any circumstance which would make any of the foregoing representations inaccurate in any respect. We may publicly disclose Your participation in the FFP Contributor Group, including the fact that You have signed this Agreement.
F. [amended 4/8/2020] You agree that FFP will have exclusive ownership of any of ORIGINAL Contributions that came to be through prompts provided by FFP. The submissions for the prompts are considered "work for hire" and you will not retain any intellectual rights to the submitted content. These pieces may not be syndicated elsewhere without the express written consent of FFP.
a. With respect to any and all worldwide copyrights in your Syndicated Contributions: • You hereby grant to Us a perpetual, irrevocable, non-exclusive, worldwide, transferable, no-charge, royalty-free, license to utilize Your Syndicated Contributions for public display on FFP and sublicense these same rights to third parties through multiple levels of sublicensees or other licensing arrangements; • You agree that if we create (or hire an individual or entity to create for Us) a derivative work using Your Syndicated Contributions, then We will be the sole owner of that derivative work; • You agree that You will not assert any moral rights in your Syndicated Contributions against Us, our licensees, transferees, successors, or assigns; • You agree that We have no duty to consult with, obtain the consent of, pay, or render an accounting to You for any use or distribution of Your Syndicated Contributions. c. Except as set out above, you keep all right, title, and interest in Your Syndicated Contributions. The rights that You grant to Us under this Agreement are effective on the date You first submitted a Syndicated Contribution to Us, even if Your submission took place before the date You sign this Agreement. d. You covenant, represent, warrant, and agree that: • to the best of Your knowledge, each Syndicated Contribution will not violate any third party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity, nor will it defame any person or entity; and • You have the legal right and authority to enter into Your Syndicated Contribution into this Agreement. e. You agree to notify Us if You become aware of any circumstance which would make any of the foregoing representations inaccurate in any respect. We may publicly disclose Your participation in the That’s Inappropriate Parents Contributor Group, including the fact that You have signed this Agreement.
Contributors may receive compensation for submitted works, if it meets the requirements set hereinafter. You are eligible for compensation at a rate of $50 per post, if the submission satisfies THE CHARACTERISTICS OF AN ORIGINAL CONTRIBUTION PER section 2.d, the submission has not been submitted, published or submitted for publication elsewhere, included but not limited to the Author’s blog, website or social media accounts. a. Contributors can expect to be paid within 45 days of the close of the month in which their post was published on FFP.
• i.e.: a post submitted in January may not be published until February. Your payment will not be processed until, up to, 45 days after the close of February.
a. You agree to indemnify, defend, and hold FFP, its subsidiaries, affiliates, and their respective officers, agents, employees, representatives, successors, and assigns harmless from any loss, liability, claim, or demand, including reasonable court costs and attorneys' fees, made by any third party because of, related to, or arising out of Your breach of this Agreement, any breach of Your representations and warranties set forth in this Agreement, Your violation of any rights of another, or if any content that You post, submit, transmit, or make available on or through to FFP causes Us to be liable to another, except to the extent such claim or damage is caused by our breach hereunder.
a. You and FFP agree to arbitrate all disputes between you, except disputes relating to the enforcement of FFP's intellectual property rights. Disputes shall be settled by binding arbitration before a neutral arbitrator located in Fort Myers, Florida whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the "AAA"). This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida, without regard to its conflict of law provisions. You and FFP agree that any dispute that is not subject to binding arbitration herein will submit to the exclusive jurisdiction and venue of the appropriate state or federal court located in the City of Fort Myers, Florida, to resolve any dispute arising out of this Agreement.
b. Contributor recognizes and confirms that in the event of a failure or omission by Us constituting a breach of our obligations under this Agreement, whether or not material, the damage, if any, caused Contributor is not irreparable or sufficient to entitle You to injunctive or other equitable relief. Consequently, Your rights and remedies shall be limited to the right, if any, to obtain damages at law and You shall not have any right in such event to rescind any of the rights granted to Us hereunder or to enjoin or restrain the development, production, advertising, promotion, distribution, exhibition, or exploitation of FFP and/or any of Our rights pursuant to this Agreement.
This Agreement shall be effective on the date You execute this Agreement (the "Execution Date") and shall remain effective until terminated in writing by either party. Either party may terminate this Agreement at any time for any reason or no reason at all with seven (7) days' prior written notice to the other party.
Contributor will be responsible for his or her own insurance, including any general or professional liability insurance. We recommend and strongly encourage You to obtain adequate insurance coverage to cover Your needs and Your obligations to Us under this Agreement.
You hereby grant Us the right to use Your name, likeness, and/ or approved biography in connection with FFP and all subsidiary and ancillary rights therein.
Contributor is entering into this Agreement as an independent contractor, and nothing contained in this Agreement shall constitute a partnership between or joint venture of the parties hereto, or constitute either party as the agent of the other or the Contributor having any employee status with FFP. Contributor acknowledges and agrees that neither this Agreement nor the Services rendered by Contributor hereunder shall be subject to any union, guild or other collective bargaining agreement. Contributor shall have sole responsibility for compliance with all federal, state and municipal requirements and FFP shall not be responsible for any and all payments related to Contributor's business or federal, state or municipal government requirements.
This Agreement sets out the entire agreement between You and Us for the subject matter covered by this Agreement and supersedes all prior negotiations, agreements, understandings, and obligations with respect thereto. No amendment or modification to this Agreement will be valid unless set forth in a writing signed by both of us. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, administrators, executors, and conservators. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or any subsequent breach thereof. If any provision of this Agreement is adjudicated to be unenforceable or invalid for any reason, that part will be severed from the balance of this Agreement, and the validity and enforceability of the remainder of this Agreement will in no way be affected or impaired. Nothing in this Agreement will be construed to obligate FFP to produce, post, advertise, or exhibit FFP, or to use Your Contributions in FFP. All notices under this Agreement shall be in writing addressed to the addresses (physical or email) in the signature block below, or at such other address as either party may designate from time to time by written notice to the other. All notices shall be served by U.S. mail, reputable overnight delivery service, email, or personal delivery addressed as specified above. The date of receipt by mail, overnight delivery service, email, or personal delivery, as the case may be, shall be the date of service of notice.
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