Publication Rights: Author grants Publisher all rights necessary to publish his/her literary work the title of which is entered below (the Work), in An Unexpected Journal, at such time and in such manner as Publisher decides, in its discretion.
Rights Assigned: Author hereby assigns the Exclusive Worldwide First Serial Rights for the print and electronic publication of the Work in the English language. Author agrees that Publisher may use the Work in the above-mentioned journal in an issue determined at the discretion of the Publisher. Publisher may also reprint the Work, in part or in whole, as part of a collection or anthology in digital or print form, at the Publisher’s discretion.
Author’s Representations and Warranties: Author represents and warrants that he/she is the sole author of the Work, the Work is original and unpublished, the Work does not contain libel, and Author has all rights to the Work and has not assigned any rights to the Work to any other person or entity, and entering this Agreement does not conflict with or violate any other agreement to which Author is a party.
Author’s Indemnification: Author agrees to indemnify Publisher for any claims arising from Publisher’s publication of Author’s Work that is attributable to Author, including but not limited to claims of libel and plagiarism.
No Competing Publication: Author agrees not to publish or permit others to publish this work in any form prior to its publication and appearance in Publisher’s journal and for the first 90 days after its appearance in said journal, without Publisher’s prior written permission. Publisher retains non-exclusive worldwide rights after 90 days.
Changes in Text or Title: Publisher will make no substantive alterations to the Work’s text or title without Author’s written approval. Publisher reserves the right to make copy-editing changes to correct grammatical and typographical errors without Author’s approval.
Copyright: Publisher agrees to list a proper copyright notice for the work in the name of Author on the web page of the published story as well as in any print edition wherein it may be used. Author agrees to list in all future publications that this Work was first published in An Unexpected Journal and include the issue and year.
Entire Agreement: There are no oral agreements between the parties, and this Agreement constitutes the sole and entire agreement of the parties hereto with respect to the subject matter hereof, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter hereof.
Governing Law and Venue: THE LAWS OF THE STATE OF TEXAS, EXCLUDING ITS CONFLICTS LAWS, AND APPLICABLE FEDERAL LAW SHALL GOVERN THIS AGREEMENT, THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, AND ALL MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT. The parties agree that any proceeding arising out of or related in any way to this Agreement shall be brought only in a state or federal court of competent jurisdiction in Travis County, Texas. Any appeals from those courts will be brought in any appropriate appellate court. Each party hereby irrevocably and unconditionally consents to the jurisdiction of any such court and hereby irrevocably and unconditionally waives any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding and any right of jurisdiction on account of the place of residence or domicile of any party thereto..
Counterparts: The parties may execute this Agreement in any number of counterparts, and each such counterpart will be deemed an original signature page to this Agreement. All such counterparts will be considered one and the same agreement and will become effective when one (1) or more counterparts have been executed by each party and delivered to each other party, it being understood that all parties need not execute the same counterpart. Any counterpart or other signature delivered by facsimile, e-mail or other electronic device will be deemed for all purposes as constituting good and valid execution and delivery of this Agreement by such party.