By submitting this material, you acknowledge that this Agreement is entered into between you (“Contributor”) and the Winters Express (“Publisher”), a division of McNaughton Newspapers Inc.
From time to time, Contributor will submit articles, images or other work (“Work”) to Publisher for its consideration for use in print and other media. If the Work is accepted and published, Publisher shall pay Contributor an amount to be agreed upon, subject to the following terms and conditions:
1. Contributor is an independent contractor and not Publisher’s employee. Contributor is responsible for payment of all local, state and federal taxes, expenses, materials and working space and is not eligible for employee benefits. Amounts paid will be reported to taxing authorities as required by applicable law.
2. Contributor licenses Publisher to:
a. Use the Work in any format, including, without limitation, print and electronic, in one or more issues of Publisher’s publications.
b. Reuse the Work in any format, including, without limitation, print and electronic, in future Publisher compilations or anthologies.
c. Make the Work available for reproduction and distribution on magnetic, optical, or electronic media, including electronic transmission to online terminals and local networks for searching, displaying and printing, whether on its own or through NewsBank (NewsBank InfoWeb), UMI (University Microfilms International) LEXIS/NEXIS (Reed Elsevier Inc.), and/or similar services, to include RSS, social media and other news distribution technologies and platforms.
d. Use the Work, a portion of the Work, Contributor’s name and/or image in the promotion of Publisher’s products or services.
Use of the Work shall be exclusive to Publisher for ten (10) days within the circulation area of Publisher’s publications, commencing with first publication date. Nothing in this agreement shall be construed as preventing Contributor from sale or use of the Work in any form after the period of exclusivity.
3. Publisher reserves the right to reject any Work, as well as edit, condense or delete portions of any Work and to use or not use Contributor’s byline or credit line.
4. Contributor warrants and represents that the Work is original, will not infringe any copyright, invade any right of privacy, contain any libelous material or infringe or violate any other right of any other person or entity.
5. Either party may terminate this Agreement without cause by giving the other party prior written notice, provided, however, the intellectual property rights and licenses granted in this Agreement shall be perpetual and shall survive termination.
6. This Agreement shall be interpreted under the laws of the state of the Work’s first use by Publisher, excluding the choice of law rules, which state shall be the exclusive jurisdiction for any litigation with regard to this Agreement.
7. This Agreement constitutes the final terms of the agreement between the parties with regard to its subject matter and supersedes all other prior and contemporaneous written or oral agreements.