Submission Agreement

Thank you for your interest in becoming an UNDERenlightened contributor, we are thrilled that you want to contribute to www.theUNDERenlightened.com (the “Site”), a digital magazine owned by Heuer Industries (“us” “our” or “we”).

Before we can publish any Content from you now or in the future, please confirm that you have read and agree to this Submissions Agreement (“Agreement”), which will govern any Content that you provide to us now or in the future. By clicking the check box next to “Yes, I have read and agree to the Submission Agreement,” you hereby confirm that you have read and understand the terms laid out in this Agreement and freely accept them.

By signing this Agreement, you understand that by contributing any work or submitting any materials (including but not limited to articles, information, photographs, drawings, images, sounds, video recordings or other content) or ideas (collectively “Content”) does not guarantee that your Content will be published, used, displayed, or otherwise reproduced. We reserve the right, in our discretion, to publish or not publish Content. If we do publish your Content, the placement of your Content on the Site, and any all social media platforms the Site shall utilize now and in the future, is under our sole discretion.

You also understand that by signing this agreement you are giving us permission to use your likeness in a photograph or other digital reproduction (the use of which will be considered Content) without payment or other consideration. If you are a parent signing for your child, you grant us permission to use your child’s likeness in a photograph or other digital reproduction (the use of which will be considered Content) without payment or other consideration and with the knowledge that their identity may or may not be revealed.

If you have previously submitted Content to us, you are also agreeing that this Agreement will apply to that content and supersedes any previous agreements between us concerning that Content.

You will retain copyright ownership of the Content (with the exception of  ideas to which Copyright law does not apply), subject to the rights granted to us by this Agreement. If you choose to republish the Content elsewhere, however, you agree to include the following: “Originally published by the UNDERenlightened at www.theUNDERenlightened.com.” Please understand, however, that we make no representations, warranties, or promises whatsoever regarding the level of exposure that you or your Content will receive through our Site.

In exchange for our providing you with a forum for expressing and disseminating your Content, and the opportunity for exposure to potential Site users, which you agree is valuable consideration, you grant us a non-exclusive, assignable, royalty-free, perpetual, worldwide, permanent license to use, publish, reproduce, modify, adapt, license, sublicense, distribute, sell, perform, translate, duplicate, excerpt, and display the Content (including any data embedded in the Content and including adaptations or derivative works based on the Content) for any purpose and in any manner or medium (now existing or hereafter developed) (the “Rights”). All Rights granted to us, under this Agreement, vest immediately and are irrevocable upon publication of your Content on our Site.

Do not submit any Content to us if you think you should be paid or otherwise compensated for said Content. By signing this Agreement, you acknowledge that you are not entitled to any compensation or reimbursement of any kind for your Content or any activities related to your Content. Further, you acknowledge that we may benefit commercially from your Content, including but not limited to attracting advertising to the Site and by increasing the value of the Site. Our Site is only intended for contributors who feel they will receive valuable exposure, or other personal or professional benefits, in exchange for their Content without compensation.

You represent and warrant the following:

  1. You affirm that you are at least 18 years of age and possess the legal right and ability to enter into this Agreement;
  2. The Content is your own original work and was created by you;
  3. The Content has not been published elsewhere or, if it has been published elsewhere, you have permission to publish it on our site;
  4. You own the copyright in the Content;
  5. The Content does not contain any express or implied statements of fact that are untrue, false, or misleading;
  6. The Content does not defame, infringe, or otherwise violate the rights, copyrights, trademarks, privacy, or reputation of any third party;
  7. The Content will not contain any defamatory, libelous, obscene, pornographic, threatening, abusive, harassing, or other unlawful material;
  8. The Content will not contain any viruses, worms, malware or other harmful or destructive material.

You agree to indemnify and hold us harmless against any claims asserted by any third parties that allege the Content violates their rights and/or privacy, or from any breach by you of your promises in this Agreement. You shall be responsible for any costs incurred or damages sustained (including reasonable attorneys’ fees) in connection with any claim, action or proceeding based on an actual or alleged violation of these representations and warranties.

You acknowledge that there is no partnership, joint venture, employment, consulting or other such relationship between you or us (each a “Party” and together the “Parties”).

If we choose to publish your Content on our Site, you will have the opportunity to submit an Author Profile (this includes one photo, text up to 170 characters, and one to two links) to promote yourself. Any material submitted as part of your Author Profile will be considered Content under this Agreement.

Additionally, if we choose to publish your Content on our Site, a photo may be chosen to accompany your Content (separate from the photo that appears in your Author Profile). If you choose to submit a photo for consideration it will be regarded as Content under the terms of this Agreement. We reserve the right, in our sole discretion, to make the final decision regarding the photo that accompanies your Content.

We reserve the right, in our sole discretion, to edit your Content. This includes, but is not limited to, edits for clarity, readability, tone, and length, as well as changes to sentence structure, choice of words, punctuation, spelling, and grammar. As a courtesy, we will make reasonable efforts to work with you in regards to our editing suggestions prior to the publication of your Content. Please note, however, that we will make the final editing decisions of the Content. Additionally, we reserve the right to remove the Content from our Site, but you understand that we are under no obligation to modify or delete your Content once it is posted on our Site. Further, we reserve the right, to supplement or co-mingle the Content with our trade names, trademarks, and service marks and with content provided by us or by third parties.

You understand that our Site may receive significant traffic and will be accessible to anyone on the Internet; therefore any Content posted on our Site will be available to anyone on the Internet. You should not provide us with any Content that is private. We assume no responsibility or liability that may arise from your Content being posted on our Site. You understand that you are solely responsible for any legal or other repercussions that occur as a result of your Content and that we are not under any obligation of confidentiality, express or implied, with respect to you or the Content.

If any provision of this Agreement is found to be illegal, invalid or unenforceable, the Parties agree that such provision will be enforced to the maximum extent permissible so as to effect the original intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not be in any way affected or impaired thereby, unless continued enforcement of the provisions frustrates the intent of the Parties.

No failure or delay by either Party in exercising any Right under this Agreement, nor shall any single or partial exercise of that Right, be considered a waiver of that or any other Right. Failure to enforce any Right under this Agreement will not be deemed a waiver of future enforcement of that or any other Right.

Each Party irrevocably consents to the exclusive jurisdiction and venue of any state or federal court within the County of Solano, California in connection with any matter based upon or arising out of this Agreement. Further, each Party agrees that process may be served upon them in any manner authorized by the laws of the State of California, and waives and covenants not to assert or plead any objection that they might otherwise have to such jurisdiction, such venue, or such process.

This Agreement will inure to the benefit of, and be binding upon, the Parties, including their respective successors, assigns, and licensees. We may assign, license or transfer any or all of the Rights you have granted to us to any other person or entity. Except as expressly provided in this Agreement, there are no third-party beneficiaries to the Agreement.

Any changes to this agreement, after it has been signed by the Parties, must be agreed to in writing by the Parties.

Last modified: September 15, 2014

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