CosmoKid
21st of July 2009 (Tue), 18:10
I have no experience with this stuff. One of my photos was found on Flickr and an editor asked me to submit it for publication. If someone could read these terms of submission and tell me if there is any reason NOT to submit it I would appreciate it.
I changed the name of the publication since I have no clue if it is cool to post their terms.
Here they are:
TERMS OF SUBMISSION
THESE TERMS OF SUBMISSION (THE “TERMS”) REPRESENT A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY (“YOU”), AND XYZ, INC. (“XYZ”). BY CLICKING THE “SUBMIT” BUTTON, YOU CONFIRM YOUR ACCEPTANCE OF THE TERMS.
1. PHOTOS
The term "Photos" refers to one or more photographs and/or images licensed by You to XYZ pursuant to the Terms.
2. LICENSE GRANT
Subject to the terms and conditions herein, You hereby grant XYZa worldwide, royalty-free, non-exclusive, perpetual license to include the Photos in the current and/or subsequent releases of XYZ's destination/local guides.
3. FAIR USE RIGHTS
Nothing in these Terms is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
4. LIMITATIONS
The license granted in Section 2 above is made subject to and limited by the following express limitations:
(a) XYZ may only distribute, publicly display, publicly perform, and/or publicly perform the Photos pursuant to the Terms.
(b) XYZ shall be required to keep intact all copyright notices for the Photos and provide, reasonable to the medium or means of utilization, the name of the original author (or pseudonym, if applicable) if supplied, for attribution in Licensor's copyright notice, terms of service or by other reasonable means, and a credit (implemented in any reasonable manner) identifying the use of the Photos in any derivative Photos created by XYZ.
(c) XYZ shall, to the extent reasonably practicable, provide Internet link(s) to your Photos.
(d) XYZ shall not sublicense the Photos.
(e) XYZ shall indicate to the public that You reserve all rights with respect to use of the Photos.
(f) XYZ shall continue to make its destination/local guides available at no cost to end users.
(g) XYZ shall display the Photos at a maximum width of 150 pixels.
5. RIGHTS
You confirm that You own or otherwise control all of the rights to the Photos and that use of the Photos by XYZ will not infringe or violate the rights of any third parties.
6. NO OBLIGATION
XYZ shall have no obligation whatsoever to reproduce, distribute, broadcast, or otherwise make use of the Photos licensed by You to XYZ hereunder.
7. NO AFFILIATION
While the Flickr website and/or Flickr API have been used to short-list your Photos, XYZ claims no affiliation or partnership with Flickr.
8. MISCELLANEOUS
If any provision of the Terms is ruled unenforceable, such provision shall be enforced to the extent permissible, and the remainder of the Terms shall remain in effect. The Terms constitute the entire agreement between the parties with respect to the Photos licensed hereunder. There are no understandings, agreements or representations with respect to the Photos not specified hereunder. If there is any dispute about or involving the Terms or the license granted hereunder, You agree that such dispute shall be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. The license granted in the Terms may not be modified without the mutual written agreement of You and XYZ.
I changed the name of the publication since I have no clue if it is cool to post their terms.
Here they are:
TERMS OF SUBMISSION
THESE TERMS OF SUBMISSION (THE “TERMS”) REPRESENT A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY (“YOU”), AND XYZ, INC. (“XYZ”). BY CLICKING THE “SUBMIT” BUTTON, YOU CONFIRM YOUR ACCEPTANCE OF THE TERMS.
1. PHOTOS
The term "Photos" refers to one or more photographs and/or images licensed by You to XYZ pursuant to the Terms.
2. LICENSE GRANT
Subject to the terms and conditions herein, You hereby grant XYZa worldwide, royalty-free, non-exclusive, perpetual license to include the Photos in the current and/or subsequent releases of XYZ's destination/local guides.
3. FAIR USE RIGHTS
Nothing in these Terms is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
4. LIMITATIONS
The license granted in Section 2 above is made subject to and limited by the following express limitations:
(a) XYZ may only distribute, publicly display, publicly perform, and/or publicly perform the Photos pursuant to the Terms.
(b) XYZ shall be required to keep intact all copyright notices for the Photos and provide, reasonable to the medium or means of utilization, the name of the original author (or pseudonym, if applicable) if supplied, for attribution in Licensor's copyright notice, terms of service or by other reasonable means, and a credit (implemented in any reasonable manner) identifying the use of the Photos in any derivative Photos created by XYZ.
(c) XYZ shall, to the extent reasonably practicable, provide Internet link(s) to your Photos.
(d) XYZ shall not sublicense the Photos.
(e) XYZ shall indicate to the public that You reserve all rights with respect to use of the Photos.
(f) XYZ shall continue to make its destination/local guides available at no cost to end users.
(g) XYZ shall display the Photos at a maximum width of 150 pixels.
5. RIGHTS
You confirm that You own or otherwise control all of the rights to the Photos and that use of the Photos by XYZ will not infringe or violate the rights of any third parties.
6. NO OBLIGATION
XYZ shall have no obligation whatsoever to reproduce, distribute, broadcast, or otherwise make use of the Photos licensed by You to XYZ hereunder.
7. NO AFFILIATION
While the Flickr website and/or Flickr API have been used to short-list your Photos, XYZ claims no affiliation or partnership with Flickr.
8. MISCELLANEOUS
If any provision of the Terms is ruled unenforceable, such provision shall be enforced to the extent permissible, and the remainder of the Terms shall remain in effect. The Terms constitute the entire agreement between the parties with respect to the Photos licensed hereunder. There are no understandings, agreements or representations with respect to the Photos not specified hereunder. If there is any dispute about or involving the Terms or the license granted hereunder, You agree that such dispute shall be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. The license granted in the Terms may not be modified without the mutual written agreement of You and XYZ.