Terms of Conditions for Contributors of User Generated Content
This Agreement (“Agreement”) relates to Shea Magazine and other paper and online publications owned, operated by or licensed to or from Shea Media Enterprises LLC (“Company”) including its successors and assigns regarding the contribution of certain intellectual property by you for use by Company including, without limitation, in Company’s online publication presently known as Shea Magazine (the “Site”).
For the publicity and exposure You, the person contributing Content to Company (“You”), may gain from the possible use of your Content on the Site and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You are contributing original work, created by You (“Content”) and uploaded to the Site. You acknowledge that you are not entitled to any other compensation or reimbursement for your Content, or from any of your activities related to your Content, and that Company may benefit commercially from your Content by attracting advertising to the site and other ways related to the Site. You further acknowledge that Company has no obligation to provide you with any data or analytics or other information including but not limited to page view data, concerning your Content or the site, and that the Company make no warranties, representations, or promises whatsoever regarding the nature or level of exposure that you or your Content will receive through the Site.
BY SUBMITTING THE CONTENT FOR PUBLICATION BY COMPANY YOU AGREE TO BE LEGALLY BOUND BY THE TERMS WHICH WILL TAKE EFFECT IMMEDIATELY. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOLLOWING TERMS PLEASE DO NOT ACCESS OR CONTRIBUTE TO THE SITE OR OTHERWISE OFFER ANY CONTENT TO COMPANY FOR PUBLICATION.
Variation of these Terms:
a. These Terms will not be varied unless expressly agreed by Company in writing. If You are not happy with these Terms then You should not offer any Content to Company. Any Content posted or supplied to Company for publication is deemed to have been supplied in full knowledge and acceptance of these Terms.
Rights Granted: You hereby grant to Company the following rights in and to the Work:
a. Subject to any pre-existing publishing commitments regarding the Content, the exclusive worldwide first online publication right by Company for a period of fourteen (14) days.
b. The nonexclusive royalty-free right to publish, or license or syndicate for publication, the Content online including, without limitation, on Company’s own websites, apps and social networking platforms and any third party syndicated sites, apps and/or social networking platforms (collectively “Company’s Platforms”), throughout the world in all digital formats now known or hereafter devised in perpetuity.
c. The nonexclusive, worldwide right, in perpetuity, to include the Content in anthologies, reprint editions, adaptations, or other collections of works.
d. The nonexclusive right to use selections from the Content in the advertising and promotion of Company and Company’s Platforms.
e. All rights to the Content not specifically granted above are reserved by You.
f. You retain the copyright to your Content.
You warrant that (a) you are eighteen (18) years of age or older, and (b) to the best of Your knowledge the Content does not violate or infringe any copyright, trademark, contract,
personal or proprietary rights of others, or contain anything libelous or defamatory, and You agree to indemnify and hold Company harmless against any final judgment resulting from the
falsity of the foregoing warranties.
Editorial Changes: Company may revise, edit, condense, serialize, or otherwise alter the Content, and may code the Content as needed for presentation. You agree that should any Content by You be deemed, in the Company's sole judgment, to be sexist, racist, homophobic, obscene, or likely to harass or cause distress or be disruptive, include spamming, advertising or impersonation of another individual, or to be undesirable in any way for the good running of the Site or its reputation, or for any other reason, the Company reserves the right to delete such Content and/ or to block any further Content by the email address or IP address that you have used to contribute such Content without notice or explanation. In addition, Company is under no obligation to modify or delete your Content once it is posted on the Site.
a. Notwithstanding anything to the contrary contained in this Agreement, Company shall not be obligated to publish, license, advertise, exploit or otherwise make use of your Content
b. You understand that our Site receives significant traffic and is accessible by anyone on the Internet. You should not provide us with any Content that is private. You are solely responsible for any legal or other repercussions that occur as a result of your Content posted at our site. We assume no responsibility or liability which may arise from your Content.
c. You acknowledge that there is no partnership, joint venture, employment, consulting or other such relationship between You and Company.
d. Failure to enforce any right under this Agreement will not be deemed a waiver of future enforcement of that or any other right.
e. This Agreement, and its validity, construction and effect, shall be governed by and enforced in accordance with the internal laws of the State of California (without reference to the conflicts of laws provisions thereof) and You agree to the exclusive jurisdiction of the state and federal courts within Los Angeles County.
f. You understand and agree that in the event it is ultimately determined by a court of law that Company has committed a material breach of this Agreement, the damage, if any, caused thereby would not be irreparable or otherwise sufficient to entitle You to injunctive or other equitable relief. You hereby acknowledge that Your rights and remedies in any such event shall be strictly limited to the right, if any, to recover money damages in an action at law.
g. You hereby acknowledge that you have read and understood this Agreement prior to submitting any Content.