The Terms and Conditions contains two sections, Section 1, TellOurLifeStories Terms and Conditions, and Section 2, the contract for Contributors to TellOurLifeStories.com Book Collection
READ THIS AGREEMENT CAREFULLY BEFORE USING ANY TELLOURLIFESTORIES.COM SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN TELLOURLIFESTORIES.COM AND YOU, INCLUDING ANY TELLOURLIFESTORIES.COM CUSTOMER, USER, OR WEBSITE VISITOR, WHETHER AN INDIVIDUAL, CORPORATION, OR OTHER ENTITY. BY CLICKING “I ACCEPT” OR USING ANY TELLOURLIFESTORIES.COM SERVICE, YOU ARE AGREEING TO THESE TERMS, EFFECTIVE AS OF THAT MOMENT.
This Agreement refers to all users, Website visitors, and customers of TellOurLifeStories.com as “Customer.”
A. Terms of Service.
This agreement (this “Agreement”) between TellOurLifeStories.com LLC, a California limited liability company (“TOLS”) and Customer governs provision of TOLS’s Internet-based service (the “Service”) for posting, e-mailing, and otherwise transmitting memoirs and other content (the “Content”).
B. The Service.
Customer will pay for the Service in advance, on an annual basis or on such other basis as TOLS requires. TOLS may bill Customer’s credit card or otherwise invoice Customer in advance of provision of Service, including any renewal of Service. Customer will maintain a valid and up-to-date credit card on file with TOLS at all times. TOLS may interrupt or terminate the Service if any charge attempt is denied. Customer will make all payments in U.S. dollars.
E. Acceptable Use & Privacy.
F. Customer Warranties and Indemnity.
G. Warranties, Disclaimers, & Limitations of Liability.
This section is a contract which applies to every submission of content (including text, photos, illustrations, or artwork) which is published in the TellOurLifeStories.com Book Collection, ("The Book"). The Book which is the subject of this agreement is intended to be a hard or soft cover printed collection of stories, photos, illustrations and artwork submitted by current and former subscribers of TellOurLifeStories.com.
The purpose of this agreement is solely to allow TellOurLifeStories.com to publish Contributor's content in The Book. Contributor gives TellOurLifeStories.com that one permission. Contributor keeps full rights to Contributor's work, retains all copyright, and Contributor can publish Contributor's work wherever else Contributor wishes.
This agreement ("Agreement") is made by and between TellOurLifeStories.com
("Company") and author or artist ("Contributor"), for providing content for The Book.
1. CONTRIBUTOR'S RIGHTS AND RESPONSIBILITIES
a) Contributor agrees to act as an Independent Contractor.
b) Contributor agrees to submit content ( e.g., text, photos, illustrations, or artwork) ("Content") to Company for publication in The Book.
c) Contributor will retain all rights to his or her Content that Contributor provides for The Book.
2. CONTRIBUTOR'S REPRESENTATIONS AND WARRANTIES
a) Contributor represents and warrants that Content Contributor submits is original and created by Contributor or, with respect to any portion of the Content, Contributor has obtained all necessary rights to publish such Content in The Book in conformity with this Agreement.
b) Contributor represents and warrants that all content Contributor submits does not violate the copyright, patent, trademark, right of privacy or publicity, of any person or entity , nor would the Content, if and when published, be libelous of any person or entity.
c) Contributor represents and warrants that Contributor has the right to enter into and fully perform all terms of this Agreement , and publication of the Content in The Book will not place Contributor in breach of any other agreement Contributor has.
3. COMPANY'S RIGHTS AND RESPONSIBILITIES
a) Company retains all rights, including by way of example the copyright to the layout or arrangement of The Book and/or trademark rights, to any and all intellectual property contained in or associated with The Book.
b) Company agrees to attribute Content provided by Contributor to Contributor.
a) Contributor grants to Company a worldwide, fully paid up, non-exclusive license to print, copy, distribute, promote and sell The Book in perpetuity and to create revised or new works, or any other printed Book that is a derivative work of The Book. Company retains the right to make reasonable, non-material edits to the Content to conform to Company's editorial standards.
b) Contributor retains the right to use the Content provided to Company in any manner Contributor chooses, including, but not limited to, posting on other internet websites and publication or broadcast in other media.
5. TERM OF AGREEMENT
This Agreement shall commence upon acceptance by Contributor of these terms. This Agreement will end when The Book is out of print, but the Contributor's Rights and Representations shall survive any termination of this Agreement.
The sole consideration offered by Company to Contributor is the opportunity to have Contributor's content published in The Book and for other good and valuable consideration, receipt of which is hereby acknowledged.
Contributor agrees to indemnify and hold Company harmless for and against any and all claims and damages, including, but not limited to reasonable attorney's fees, resulting from a breach or claimed breach by Contributor of any of Contributor's representations, warranties, obligations, or responsibilities contained in this Agreement.
The offer contained in this Agreement is made only on the terms originally set forth in this Agreement. No modifications may be made to this Agreement by Contributor without the express written consent of Company.
9. GOVERNING LAW
This Agreement will be governed by the laws of the State of California, and any suits arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction in the City and County of San Francisco, State of California. Prior to suit, the parties shall exercise their best efforts to resolve the dispute through mediation in San Francisco.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes any and all prior agreements or understandings among the parties with respect to its subject matter.