This Author’s Rights Agreement (the “AR Agreement”) is considered “Additional Terms” as defined in Section 1.3 of the Matador Terms of Service (the “Agreement”) located at www.MatadorNetwork.com/content/tos, which is incorporated herein by reference. Capitalized terms that are not defined herein shall have the meanings given to them in the body of the Agreement. The AR Agreement and the Agreement set forth the legally binding terms for your use of the Services. If there is any conflict between the AR Agreement and the main body of the Agreement, the AR Agreement shall take precedence solely with respect to Work you submit to Publisher for possible publication. By agreeing to the AR Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by the AR Agreement and the Agreement, and (2) you represent that you are of legal age to form a binding contract and you have the authority to enter into the AR Agreement and Agreement.
1 This is the AR Agreement between you, the author of certain content (“Author”) and Matador Ventures, Inc., owner of the digital magazine www.matadornetwork.com, (“Publisher”), regarding certain content of the Author, hereinafter referred to as the “Work” submitted to Publisher for possible publication. Author acknowledges and agrees that Publisher receives content from various third parties for possible publication by Publisher, as well as develops content internally. Publisher has no obligation to publish your Work and may publish similar content to the Work that Author submits. Author irrevocably agrees not to assert any claim of idea appropriation, misappropriation, or any other similar claims of any kind with respect to the Work.
2 Author shall retain ownership of the copyright and all right, title and interest, in the Work, subject to the rights granted to Publisher in this Agreement. Author hereby grants Publisher a non-exclusive, perpetual, royalty-free, worldwide right and license, with rights to sublicense, to distribute, publicly perform and publicly display in any form or medium (electronic or print), reproduce, modify, translate, edit and make derivative works of the Work. Author acknowledges that the rights granted to Publisher include the right to publish the Work on any of the websites, email newsletters, and social media platforms within the Publisher’s network, as well as any future publications associated with Publisher, which includes its content syndication partners1. Publisher may commercially benefit from use of the Work, and may use the Work to promote Publisher, as well as its content syndication partners.
3 THIS SECTION 3 ONLY APPLIES WHEN THE WORK WILL BE ORIGINALLY PUBLISHED BY PUBLISHER AND NOT WHEN PUBLISHER IS REQUESTING THE RIGHT TO RE-PRINT THE WORK OR WHERE AUTHOR HAS NOTIFIED PUBLISHER AT THE TIME OF SUBMISSION THAT THE WORK WAS PREVIOUSLY PUBLISHED: Author hereby grants the Publisher the first right to publish the Work in any medium. The Author agrees not to publish or permit others to publish the Work in any form or medium prior to its initial publication by Publisher. Furthermore, the Author agrees not to publish or permit others to publish the Work for 14 days from the date of initial publication by Publisher, unless the Author has written permission from the Publisher. If and when the Work is republished by Author or any licensee of Author (other than Publisher), the Author agrees that Publisher shall be named as the “First Publisher” and, if republished in digital form, that the Work shall include a link to the original Work as published by Publisher.
4 In exchange for the rights granted to the Publisher herein, if Publisher choses to publish the Work, Author will receive potential exposure to readers on a Publisher platform. AUTHOR ACKNOWLEDGES AND AGREES THAT AUTHOR IS SUBMITTING THE WORK TO PUBLISHER WITH THE UNDERSTANDING THAT AUTHOR WILL NOT RECEIVE A PAYMENT FOR THE RIGHTS GRANTED HEREIN. AUTHOR SHALL BE ENTITLED TO NO OTHER COMPENSATION OF ANY KIND, INCLUDING AS A RESULT OF ANY COMMERCIAL BENEFIT PUBLISHER MAY RECEIVE IN CONNETION WITH THE PUBLICATION OF AUTHOR’S WORK.
5 THIS SECTION 5 ONLY APPLIES IF AUTHOR IS CONTACTED BY PUBLISHER AND PUBLISHER OFFERS TO MAKE AUTHOR A ONE-TIME PAYMENT FOR THE WORK FOR THE RIGHTS GRANTED TO PUBLISHER UNDER THIS AR AGREEMENT. In the sole discretion of Publisher, the Author may receive a one-time payment as agreed to and arranged by the Publisher and Author.
6 The Author represents and warrants that: (a) Author is the sole author of the Work and that Author has all necessary rights to grant the rights to Publisher granted herein, (b) the Work is original and does not infringe any third party’s rights, including any intellectual property rights or right of publicity or privacy, and (c) the Work does not contain any false or defamatory material. Author shall indemnify and hold Publisher harmless from and against any and all claims, losses, costs and expenses, including reasonable attorneys’ fees, which Publisher may incur as a result of claims made by third parties arising from a breach by Author of this Section 6.
7 THE CUMULATIVE LIABILITY OF PUBLISHER (INCLUDING ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) TO AUTHOR FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS AR AGREEMENT OR PUBLISHER’S USE OF THE WORK SHALL NOT EXCEED THE GREATER OF THE AMOUNT PAID OR PAYABLE TO AUTHOR UNDER SECTION 5 (IF APPLICABLE) OR $100.00. THIS LIMITATION OF LIABILITY FORMS AN ESSENTIAL BASIS OF THE AR AGREEMENT BETWEEN PUBLISHER AND AUTHOR.
8 This AR Agreement sets forth the entire understanding and AR Agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to the subject matter of the AR Agreement. Author also agrees to be bound by Publisher’s Terms of Service (“General Terms”), which is incorporated herein by reference. This AR Agreement constitutes “Additional Terms” as defined in Section 1.3 of the General Terms. If there is a conflict between this AR Agreement and the General Terms, for purposes of this AR Agreement and the Work, the terms and conditions of this AR Agreement shall control. If any provision of this AR Agreement shall be found to be unenforceable, the remaining provisions of this AR Agreement shall remain in full force and effect. This AR Agreement will be governed and construed in accordance with the laws of the State of California.