Econobusters Submission Agreement and Release

December16

Econobusters.com (“Website”), Molly’s Money-Saving Digest (“Digest”) and all related websites and publications (collectively, “Website and Publications”) are owned and operated by The Old Schoolhouse Magazine, LLC (“TOS”). All submissions and other communications sent to Website or TOS (collectively, “Submissions”) are governed by these Econobusters Submission Agreement and Release (“Submission Agreement”). Any person who makes or offers a Submission (“Contributor”) understands and agrees that making a Submission constitutes the Contributor’s consent to each and every term and condition of this Submission Agreement as though he or she had signed a written contract containing these terms.

1. Contributor agrees to the Submission Agreement without reservation and requests that TOS and Website staff read and evaluate the Submission for possible inclusion and publication in or on Website, the Digest, or one or more of the various print and electronic publications created and operated by or on behalf of TOS (“Company Publications”), including without limitation The Old Schoolhouse Magazine and the internet website www.TheHomeschoolMagazine.com (collectively, “Company Publications”). Contributor understands and agrees that TOS would not read, accept or consider the Submission but for Contributor’s agreement to all of the Submission Agreement.

2. Contributor is the creator, author, and owner of the Submission and all Material and creative works included with or incorporated into the Submission. Contributor hereby grants TOS and Website the permanent, continuing, nonexclusive rights to use, copy, edit, publish, reprint and distribute part or all of the Submission and any related or included Material in print, digital and electronic formats on Website, in Website and Publications, in any and all other Company Publications, affiliated publications and on partner websites hosting, offering or displaying content supplied by TOS, as well as through reprints and additional publishing runs of Company Publications.

3. Contributor understands and agrees that (a) consideration of the Submission for publication in one or more Company Publications and, if appropriate, publication of the Submission is the full and complete compensation and consideration due Contributor, (b) no additional compensation or consideration is due whether or not TOS or Website publishes or uses the Submission in any manner, and (c) TOS and Website are under no obligation to publish or use the Submission. TOS and Website will not and are not obligated to compensate Contributor in any additional way, whether or not TOS or Website ever uses or publishes the Submission.

4. Contributor represents and warrants to TOS and Website that: (a) Contributor makes the Submission voluntarily and no person or entity, including without limitation TOS and Website staff, has made any promises, threats or representations of any kind in order to encourage, induce or force Contributor to agree to this Submission Agreement or to make the Submission; (b) Contributor has not deliberately included any dishonest, plagiarized or inaccurate statements in the Contribution; (c) Contributor has the capacity and authority to agree to this Submission Agreement and to write, produce or create the any works anticipated by the Submission; (d) compliance with the Submission Agreement will not, now or in the future, violate the terms of any other contract or agreement to which or by which Contributor is bound or legally obligated; (e) original works anticipated by the Submission are not in the public domain and have not appeared in print or any other published source, including without limitation electronic sources, (f) the Submission, and any works anticipated by the Submission, do not and will not infringe, violate or conflict with the intellectual property rights of any person or entity, including without limitation rights of copyright, trademark, trade secret and rights to proprietary works; (g) the Submission is not in any way defamatory, libelous, obscene or an incitement to an illegal act, does not illegally infringe upon the privacy or contract rights of any person or entity and does not violate the law of any state, the United States or the Berne Convention for the Protection of Literary and Artistic Works; (h) Contributor has not and will not solicit, receive or accept payment, compensation or anything of value from any third party in exchange for inserting, using or recommending a name, product or other content in the Submission or any works anticipated by the Submission; (i) Contributor will support or verify all statements of fact, quotations and other citations contained in the Submission at the request of TOS or Website staff.

5. Contributor understands and agrees that all Submissions become the sole property of TOS and that TOS is under no obligation to return, reply to or accept any Submission, including without limitation any Material attached or related to a Submission, under any circumstances. TOS has no obligation of any kind, express or implied, relating to, arising out of or created by receipt of the Submission. TOS has no contract, legal relationship or other obligation to the Contributor, express or implied, unless and until TOS and Contributor enter into a separate, written agreement signed by both TOS and the Contributor which specifically states that it modifies this Submission Agreement or creates a contract, waiver, release, obligation or legal relationship.

6. Submissions are submitted for consideration with the understanding that TOS and Website have not made any promises, representations, warranties or inducements to the Contributor personally or with regard to the contents of any Submission or other Material included with the Submission.

7. Submissions may contain solicited or unsolicited material, including without limitation original, derivative or collaborative ideas, opinions, information, suggestions, works of authorship, joint works, titles, captions, artistic works, photographic works, concepts, methods, improvements, designs, discoveries, recipes, software, websites and website addresses, trademarks, trade dress and trade secrets, whether or not patentable or registerable under patent, copyright, trademark or similar laws, solely or jointly conceived, and whether or not produced, developed, experimented upon or reduced to practice (collectively, “Material”). All references to “Submissions” or a “Submission” made in these Submission Agreement include, without limitation, all Material and other items or information submitted as part of or simultaneously with the relevant Submission.

8. Submissions published digitally, electronically or in print may be copied, downloaded, used, edited or manipulated by third parties not affiliated with or under the control of TOS or Website. Contributor expressly agrees that TOS and Website are not responsible for the acts of third parties. Contributor hereby (a) waives all “moral rights” relating to the Submission, (b) grants TOS and Website the right to edit, alter and modify the Submission, (c) agrees to any and all editing and other physical, digital or electronic manipulation of the Submission which may or will occur during publication and distribution or sale, (d) agrees to indemnify and hold TOS and Website harmless from and against any and all costs, claims and causes of action arising out of or relating to the use, modification, publication or distribution of the Submission, and (e) releases and discharges TOS, Website, and their agents, successors and assigns from any and all claims, demands, causes of action and liabilities (including without limitation costs, attorney fees and expenses), known or unknown, that Contributor may have or may ever claim to have in connection with, relating to or arising out of publication of the Submission, including without limitation claims, demands, causes of action and liabilities based upon rights of privacy, publicity, libel, slander, copyright and trademark.

9. TOS and Website receive many Submissions. The files and archives of TOS and Website contain large numbers of varied themes and ideas for articles, features, columns, stories, artistic and photographic works and all other aspects of Website and Publications, as well as Company Publications, which may or may not have previously appeared in print or digital sources. TOS and Website archives, as well as other third party Submissions, may contain information and Material similar or even identical to Contributor’s Submission. Contributor is aware that TOS and Website staff are constantly researching and developing new ideas for all aspects of Website and Company Publications and that TOS and Website are likely to possess, through their own efforts or through other Submissions, Material, information and ideas substantially similar to Material contained in Contributor’s Submission. Contributor also recognizes that many similar themes, ideas, articles, features, columns, stories, artistic and photographic works relate to the concepts which are the major themes Website and Publications and of other Company Publications produced by or on behalf of TOS and Website. Contributor understands and agrees that publication of articles, material and ideas substantially similar to or sharing major themes with Contributor’s Submission is not evidence that TOS or Website has wrongfully appropriated any Submission or any Material contained therein. Contributor further understands and agrees that TOS and Website do not have and will not incur any responsibility, obligation or liability to Contributor for publication of any original, collaborative or derivative ideas, information, opinions, works of authorship, joint works, titles, captions, artistic works, photographic works, concepts, methods, improvements, designs, discoveries, recipes, software, websites, trademarks, trade dress and trade secrets, regardless of any similarity to Contributor’s Submission or Material contained in Contributor’s Submission. Contributor understands and agrees that Contributor will bear the sole burden of proving all elements of any claims against TOS and Website, including without limitation the burden of proving TOS or Website wrongfully appropriated legally protectable Material belonging to Contributor and that the Material submitted by Contributor is substantially different from Material already in the possession of TOS or Website or obtained by TOS or Website from any other source.

10. Contributor will indemnify TOS against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorneys’ fees resulting from or arising out of Contributor’s breach of the Submission Agreement.

11. The Submission Agreement represents the only, final, complete and exclusive understanding between TOS and me. I have no relationship, agreement or rights relating to TOS except as expressly stated in the Submission Agreement. I understand and agree that the Terms of Submission were written in and will be construed and enforced in accordance with the laws of the State of California and that my acceptance of the Submission Agreement is taking place within the State of California. I agree to submit to the personal jurisdiction of the Federal or state courts located in Sacramento, California for purposes of any legal action commenced under or arising out of the Submission Agreement or the Submission. Nothing contained in this Submission Agreement will be interpreted to require the commission of an illegal act or a violation of applicable law. If any conflict arises between the Submission Agreement and applicable law the law will prevail, the relevant provisions of the Submission Agreement will be deleted, modified or limited to the extent necessary to comply with law and all other provisions of the Submission Agreement will remain in full force and effect.

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