SUBMISSION AGREEMENT
seniorMUSE Magazine
I. seniorMUSE reserves the right, in its sole discretion, to publish or not publish any photos that you submit. Before any photography can be accepted as a submission, please confirm that you have read and agree to this Submission Agreement (“Agreement”), which will govern any photography that you provide to seniorMUSE that is accepted for publication in seniorMUSE’s electronic and/or print magazine or written publication or on any website, Facebook, Instagram, or any other social media outlets belonging to seniorMUSE.
II. In exchange for seniorMUSE providing you with this platform for potential exposure to users and viewers of the seniorMUSEs’ magazine, web site, Facebook, Instagram, and other outlets, you grant seniorMUSE, for the full term of the copyright and any extensions and renewals thereof, a non-exclusive, perpetual, worldwide, license to use, publish, reproduce, adapt, and display the photographs submitted for any purpose and in any manner, existing or hereinafter developed. All rights granted to seniorMUSE pursuant to this Agreement are irrevocable and vest immediately upon publication of your photography on seniormuse.com, Facebook, Instagram, or any other social media outlets belonging to seniorMUSE or publication in the seniorMUSE magazine. You will retain ownership of the copyright on the photography, subject to the rights granted to seniorMUSE Magazine in this Agreement.
III. You acknowledge that you are not entitled to compensation or reimbursement of any kind for your content and photography submitted under this agreement and acknowledge and agree that seniorMUSE may benefit commercially from your content, including by attracting advertising to seniorMUSE’s web site, magazine, Facebook, Instagram and any other social media platform belonging to seniorMUSE. seniorMUSE hereby reserves the right to make copies of the submitted content or photography for purposes of marketing and promotion of its electronic or print publications or social media outlets.
IV. You understand that our site and social media platforms receive significant traffic and is accessible to anyone on the internet. You understand that our social media pages, including but not limited to Facebook and Instagram, are public and are accessible to anyone on the internet. You are solely responsible for any legal or other repercussions that occur because of your photography posted to our site and social media outlets and published in seniorMUSE’s magazine. seniorMUSE is under no obligation to modify or delete your photography once it is posted on seniorMUSE’s site and/or social media outlets or published in seniorMUSE’s magazine.
V. You represent and warrant to us that (a) you are 18 years of age or older and you have the full power and authority to enter into this Agreement; (b) the photography is an original work created by you; (c) you, and you alone, own the copyright in the photography; (d) that any person or subject depicted in the photography has signed an appropriate release or authorization giving you the right to the make this submission and allowing seniorMUSE the right to publish the photography on all of its electronic and written platforms; (e) the photography will not infringe the copyrights, trademarks or other rights of any third party, including without limitation, privacy rights, contract rights, or publicity rights of any other persons or entities; (e) the submission will not contain worms, malware, or other harmful or destructive material; (f) the photography will not contain obscene, pornographic, harassing, or similar unlawful material; and (g) that you have not assigned, pledged, or otherwise encumbered the rights to the photograph. You agree to indemnify Kustom Dezigns, LLC d/b/a seniorMUSE, including its officers, members, directors, insurers, and employees against any claims for damages or other harm sustained or expenses incurred (including all attorneys’ fees), in connection with any claim, action or proceeding based on an actual or alleged violation of these warranties, holding Kustom Dezigns, LLC d/b/a seniorMUSE, including its directors, members, officers, insurers, and employees harmless therefrom.
VI. You agree to indemnify, defend, and hold Kustom Dezigns, LLC d/b/a seniorMuse, including its officers, members, directors, insurers, and employees harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to your use of, or submission to, seniorMuse. Kustom Dezigns, LLC reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims, but, in such event, you will continue to have the obligation to indemnify, holding Kustom Dezigns harmless therefrom.
VII. You acknowledge that there is no partnership, joint venture, employment, consulting, or other such relationship between you or us (each a “Party” and together the “Parties”).
VIII. The terms of this Agreement are binding upon, and will inure to the benefit of the Parties, including the licensees, successors, and assigns. We may assign, license or transfer any or all the Rights you have granted to us to any other person or entity. Except as expressly provided in this Agreement, there are no third-party beneficiaries to the Agreement.
IX. No delay of failure by either Party in exercising any right under this Agreement, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Agreement will not be deemed a waiver of future enforcement of that or any other right.
X. seniorMUSE, may at its discretion suspend or terminate operation of its social media sites and/or its electronic or print magazine publications, for maintenance or other reasons. SeniorMUSE makes no commitment, warranty or guarantees that its social media sites and/or its electronic or print magazine publications will operate in a timely, uninterrupted or error-free manner.
XI. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the Commonwealth of Kentucky without regard to conflict/choice of law principles. Each Party hereto irrevocably consents to the exclusive jurisdiction and venue of any state court within the County of Christian, Kentucky or any federal court in the United States District Court, Western District of Kentucky, in connection with any matter arising out of this Agreement, agrees that process may be served upon them in any manner authorized by the laws of the Commonwealth of Kentucky, and waives and covenants not to assert or plead any objection which they might otherwise have to such jurisdiction, venue, or process.
XII. This is the entire agreement between the Parties, and any changes must be agreed to in writing by the Parties.*
