Mefeater LLC Submission Agreement
This Submission Agreement (the “Agreement) sets forth the agreement between Mefeater LLC (“Mefeater”) and you with respect to the work(s) you created (the “Submission”). When you send us a submission, you’re agreeing to the terms set forth below and are entering into a legally binding contract, so please take a few minutes to read over this Agreement.
1. Mefeater Rights Under Submission. You grant Mefeater a worldwide, royalty-free, non-terminable, sub-licensable, transferable right to copy, transfer, stream, make available for download, add captions and make other distribution-related modifications to your Submission as we desire on Mefeater.com and Mefeater’s various social media platforms (“Mefeater Media Outlets).
2. No Obligation to Use. Mefeater has no obligation to make your Submission available on Mefeater Media Outlets or to otherwise use it in any way. Mefeater reviews all submissions and makes an internal determination if such Submission will be utilized. If Mefeater utilizes your Submission and such Submission creates any conflict whatsoever, Mefeater may remove it from the Mefeater Media Outlets and conclude further usage at any time, in our sole discretion.
3. Ownership in Submission. You agree that Mefeater is and will be the sole and exclusive owner of all rights, title, and interests in and to the Submission, including all copyrights and other intellectual property rights. Mefeater may protect or dispose of the Submission, license or sell the rights in the Submission or exercise any additional rights in the Submission.
4. Similar Content. You understand that Mefeater’s officers, directors, colleagues, and employees have access to and/or may create or have created literary materials which may be similar or identical to the Submission in theme, plot, format or other respects. You agree to irrevocably and forever waive any legal claim you may have under any theory of law in any territory, including, without limitation, copyright infringement or breach of implied in fact contract (idea submission), that your rights were infringed due to any similarity between your Submission and any other content that is or may become available on Mefeater Media Outlets, unless there is substantial similarity of protectable expression under the United States copyright law between your Submission and the other content and the other content includes a verbatim copy of a material portion of your Submission.
5. No Compensation. You agree that you will not be entitled to any compensation from the usage of the Submission, or any similar or identical material, on Mefeater Media Outlets, or from the sale or license of the Submission.
6. Attribution. Mefeater has the right to provide you with attribution of your Submission, by displaying your full name, social media handle, website and/or email address at the end of each Submission. However, Mefeater does not have the obligation to provide attribution where, in its reasonable discretion, space does not reasonably permit. Please inform Mefeater if you do not want your personal information displayed in association with the Submission.
7. Representations and Warranties. By submitting the Submission to Mefeater you agree that the Submission:
a. is your sole and original creation;
b. has not been, and prior to Mefeater’s publication, will not be, published or otherwise made publicly available, in whole or in part;
c. does not contain libelous or otherwise defamatory statements;
d. does not, and will not, infringe or otherwise violate any right of any third party, including any copyright, trademark, patent, trade secret, or other intellectual property rights, or any right of publicity or privacy; and
e. complies with this Agreement, the Mefeater Conditions of Use, and the Mefeater Submission Guidelines.
8. Indemnification. You agree to indemnify, defend, and hold harmless Mefeater and its affiliates from and against any third party claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including attorneys’ fees and disbursements, arising from or relating to this Agreement and/or the Submission.
9. Relationship to Mefeater. You understand and agree that you are an independent contractor of Mefeater, and this Agreement will not create any association, partnership, joint venture, employee, or agency relationship between you and Mefeater for any purpose. Neither party shall have the authority to bind the other party in any manner.
10. Assignment. This Agreement is personal to you. You shall not assign or otherwise transfer any of your rights, or delegate, subcontract, or otherwise transfer any of its obligations or performance, under this Agreement. Mefeater may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement.
11. Governing Law. This Agreement is governed by the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. In the event of a dispute, you shall first attempt to resolve such dispute by negotiation and consultation with Mefeater. If a dispute is not resolved within one (1) month, you agree to resolve such dispute by final and binding arbitration, using the English language, administered by the American Arbitration Association. In any arbitration proceeding arising under this Agreement, the arbitrators may not change, modify or alter any express condition, term or provision of this Agreement, therefore their scope of authority is limited. Furthermore, you agree to waive the right to trial by jury or to participate in a class action or class arbitration. You agree that any arbitration proceeding will be held in Kings County, New York. If you are unsuccessful in any such action, you agree to pay, upon demand, all of Mefeater’s costs and expenses incurred in defending or contesting such action, including all arbitration costs, costs of discovery and depositions, attorneys’ fees, and the fees or charges of any experts engaged by Mefeater.
12. Severability. Should any part of this Agreement be void or unenforceable, such part will be deemed omitted and the remainder of the Agreement will remain in full force and effect
13. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the Submission and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such Submission.
You hereby expressly understand and agree with all of the terms of this Agreement.