The undersigned (“you, your, yourself”) understands that by clicking the “I Accept & Continue” button below, you acknowledge having read this Submission Agreement (the “Agreement”) between yourself and 100 Days of Publishing Inc. (“Company”) and you agree to be bound by the terms and conditions set out herein. You further acknowledge and agree that you shall not be able to submit any User Content (as defined in this Agreement) or other information or material without first assenting to the terms of this Agreement. To the extent you do not agree to be bound by the terms and conditions of this Agreement, you are advised to select the “I Don’t Agree” button below, in which case, you shall not be granted access to submit any User Content or other information and/or material on Company websites, software, information, property or services.
- This Agreement is entered into and effective as of November 10, 2020 (the “Effective Date”) between Company and you. Company may allow you to upload certain content to the Company’s website located at www.ee-mah.com (the “Site”) and related services (collectively, such services, including any new features and applications, other platforms and the Site, the “Service(s)”). You understand that the acceptance of this Agreement is necessary before Company will accept or upload your User Content.
- With respect to the content or other materials you upload through the Service or share with other users or recipients on the Service (collectively, “User Content”), you represent and warrant that (i) you own all right, title and interest in and to such User Content; (ii) you have all required rights to post or transmit such content or other materials; and (iii) the User Content is not defamatory and does not infringe upon or violate the privacy rights, copyrights, trademarks, publicity or other intellectual or proprietary rights of any third party.
- By uploading any User Content, you hereby grant Company, its affiliated companies and partners a non-exclusive, worldwide, royalty free, fully-paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
- You hereby grant to Company the right to use and display your name and likeness for the purpose of exploiting, promoting, publicizing and advertising the Service.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information, including User Content, provided by you to Company are non-confidential and Company, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of such materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In connection with the foregoing, you waive any and all moral rights in and to the User Content as may now or hereafter exist by legislative enactment or otherwise at law or in equity. You further agree not to institute, support, maintain or authorize any action or lawsuit on the grounds that any exercise of the rights granted and assigned to Company hereunder constitute any infringement of any moral right.
- Under no circumstances will Company be liable in any way for any content or materials of any third parties (including anything submitted by users and/or User Content), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen User Content, but that Company and its designees will have the right (but not the obligation) in its sole discretion to refuse or remove any User Content that is available on or via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any User Content for any reason, including without limitation, any User Content which (i) violates Company’s terms of service or community (or similar or analogous) policies; (ii) may (in Company’s discretion) violate the privacy rights, copyrights, trademarks, publicity or other intellectual or proprietary rights of any third party; or (iii) is deemed by Company to be otherwise objectionable, inappropriate or untoward. You agree that you must evaluate, and bear all risks associated with the submission and/or use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such content.
- You hereby acknowledge and agree that Company has not made any promise or representation to you about the User Content and has no obligation to display, promote, include or otherwise use the User Content in any way. There is no agreement, written or oral, express or implied, between you and Company concerning the User Content, other than this Agreement.
- Company does not accept any obligation of confidentiality with respect to the User Content or this Agreement. Company has the right to copy, use, and distribute the User Content for use and exploitation of the Site, Service or otherwise and all advertising and marketing in connection therewith. You have kept a copy of the User Content. Company has no obligation to return the User Content to you and Company not responsible for any loss or damage to the User Content.
- Company may have already and may in the future receive or independently develop materials similar to the User Content. Similarly, Company may already be exploring certain methods and modes of media with respect to the exploitation of ideas generated by employees or other third-party sources that resemble the User Content. Company has the unrestricted right to use these similar materials, and you will have no right or recourse against Company for use of these similar materials.
- You hereby indemnify Company, its successors, assignees and licensees, and their respective shareholders, directors and officers, from and against any and all claims, liabilities, costs, damages and expenses (including reasonable legal expenses) arising from any breach of the representations, warranties and obligations made by you hereunder. You further acknowledge and agree that you shall not have any right by reason of any breach or alleged breach by Company to rescind this Agreement or to any equitable or injunctive relief.
- You have read and understand this Agreement and acknowledge that no oral representations of any kind have been made to you. This Agreement states your and Company’s entire understanding in connection with the User Content and the submission of any such material. You understand that by clicking the “I Accept & Continue” button below, you acknowledge having read this Agreement and you agree to be bound by the terms and conditions set out therein.
***END OF SUBMISSION AGREEMENT***
- “By clicking ‘I Accept and Continue” below, you acknowledge that you have read, understands, and agrees to be bound by the terms above. These terms are a legal contract that will bind both of you and Company as soon as you click the following assent button.”