1 This is an agreement (“Agreement”) between you, the author of certain content (“Author”) and All Black Media, Inc., owner of the digital magazine AllBlackMedia.com (“Publisher”), regarding certain content of the Author, hereinafter referred to as the “Work”. 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 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 within the Publisher’s network of websites, as well as any future publications associated with Publisher, which includes its content syndication partners1.
2 (This section 2 only applies when the Work will be originally published by Publisher and NOT when Publisher is requesting the right to re-print the Work.)
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.
3 In exchange for the rights granted to the Publisher herein, the Author will receive the one-time payment as agreed to and arranged by the Publisher and Author. Author shall be entitled to no other compensation.
4 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 4.
5 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 AGREEMENT OR PUBLISHER’S USE OF THE WORK SHALL NOT EXCEED THE AMOUNT PAID OR PAYABLE TO AUTHOR UNDER SECTION 3. THIS LIMITATION OF LIABILITY FORMS AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN PUBLISHER AND AUTHOR.
6 This Agreement sets forth the entire understanding and 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 Agreement. Author also agrees to be bound by Publisher’s Terms of Service (“General Terms”), which is incorporated herein by reference. This Agreement constitutes “Additional Terms” as defined in Section 1.3 of the General Terms. If there is a conflict between this Agreement and the General Terms, for purposes of this Agreement and the Work, the terms and conditions of this Agreement shall control. If any provision of this Agreement shall be found to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement will be governed and construed in accordance with the laws of the State of California.