Terms and Conditions for Submitting Materials
The Old Schoolhouse Magazine, LLC appreciates your
interest in submitting a query. In order to submit your query, please read and
agree to the following Terms of Submission:
TERMS OF SUBMISSION
1. All references to the Query in these Terms of Submission include, without
limitation, all Material and other items submitted as part of the Query.
2. I agree to the Terms of Submission without reservation. I request that TOSM
read and evaluate the Query for possible publication in one or more of the various
print and electronic publications created and operated by or on behalf of TOSM
("Publications"), including without limitation The Old Schoolhouse
Magazine and the internet website www.TheHomeschoolMagazine.com. I understand
and agree that TOSM would not read, accept or consider the Query but for my agreement
to all of the Terms of Submission. I understand and agree that all queries and
other submissions become the property of TOSM and that TOSM is under no obligation
to return, reply to or accept the Query, including without limitation any of the
Material, under any circumstances.
3. I understand and agree that TOSM has no obligation of any kind, express
or implied, relating to, arising out of or created by receipt of the Query. I
understand and agree that TOSM has no contract, legal relationship or other obligation
to me, express or implied, unless and until TOSM and I enter into a separate,
written agreement signed by both TOSM and me which specifically states that it
creates a contract, waiver, release, obligation or legal relationship.
4. I understand and agree that TOSM receives many queries, submissions, ideas,
stories, articles, columns, photographs and similar works and material ("Submissions")
and that the files and archives of TOSM contain large numbers of varied themes
and ideas for articles, features, columns, stories, artistic and photographic
works and all other aspects of the Publications created and published by TOSM.
I understand that many Submissions may be similar or even identical to the Query
or Material contained in the Query. I am aware that TOSM is constantly researching
and developing new ideas for all aspects of its Publications and that TOSM is
likely to possess, through its own efforts or through other Submissions, material
and ideas substantially similar to Material contained in the Query. I also recognize
that many similar themes, ideas, articles, features, columns, stories, artistic
and photographic works relate to family, education and homeschooling concepts
which are the major themes of Publications produced by or on behalf of TOSM. I
understand and agree that publication of articles, material and ideas substantially
similar to or sharing major themes with the Query is not of itself sufficient
evidence to allege or prove that TOSM has wrongfully appropriated the Query or
any Material contained therein. I understand and agree that TOSM does not have
and will not incur any responsibility, obligation or liability to me for publication
of any original or derivative ideas, works of authorship, joint works, titles,
captions, artistic works, photographic works, concepts, methods, improvements,
designs, discoveries, ideas, software, websites, trademarks, trade dress and trade
secrets, regardless of any similarity to the Query or Material contained in the
Query, unless TOSM actually uses the Query or the Material (a) as a whole (b)
as a direct result of my submission of the Query to TOSM and (c) without entering
into a separate written agreement signed by both TOSM and me which specifically
states that it creates a contract, waiver, release, obligation or legal relationship.
I understand and agree that I will bear the sole burden of proving all elements
of any claims against TOSM, including without limitation the burden of proving
TOSM wrongfully appropriated the Query or any Material contained in the Query
and that the Query and Material submitted by me is substantially different in
content from material already in the possession of TOSM or obtained by TOSM from
any other source.
5. I hereby represent and warrant to TOSM that
(a) I am submitting the Query voluntarily and no person or entity, including
without limitation TOSM, has made any promises, threats or representations of
any kind in order to encourage, induce or force me to agree to these Terms of
Submission or to submit the Query.
(b) I have not deliberately included any dishonest, plagiarized or inaccurate
statements in the Query, which relates to an original work I have written produced
or created or which I propose to write, produce or create.
(c) I have the capacity and authority to agree to the Terms of Submission and
to write, produce or create the specific works anticipated by the Query.
(d) Compliance with the Terms of Submission will not, now or in the future,
violate the terms of any other contract or agreement to which or by which I am
bound or legally obligated.
(e) The Query and the specific works anticipated by the Query are not in the
public domain and have not appeared in print or any other published source, including
without limitation electronic sources.
(f) The Query and the specific works anticipated by the Query 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 Query 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) I have 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 Query or the specific works
anticipated by the Query.
i) I have retained and will retain copies of all sources cited or referenced
in the Query and the specific works anticipated by the Query and will support
or verify all statements of fact, quotations and other citations contained in
the Query at the request of TOSM.
6. I will indemnify TOSM 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 my breach of these Terms of Submission.
7. The Terms of Submission represent the only, final, complete and exclusive
understanding between TOSM and me. I have no relationship, agreement or rights
relating to TOSM except as expressly stated in the Terms of Submission. 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 Terms of Submission 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 Terms of Submission or the Query.
8. Nothing contained in these Terms of Submission will be interpreted to require
the commission of an illegal act or a violation of applicable law. If any conflict
arises between the Terms of Submission and applicable law the latter will prevail,
the relevant provisions of the Terms of Submission will be deleted, modified or
limited to the extent necessary to comply with law and all other provisions of
the Terms of Submission will remain in full force and effect.
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