SUBMISSION TERMS & CONDITIONS

TERMS OF USE-ONLINE SUBMISSION

These Terms of Use-Online Submission Agreement (the “Agreement”) is a legal agreement between you and Ackerly Green. By submitting content to the Ackerly Green website at http://ackerlygreen.com (“Site”) for potential publication, you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT SUBMIT MATERIAL TO THE SITE.

1. Representations and Warranties.

For any material you submit to the Site (“Work”), you are entirely responsible for the content of, and any harm resulting from, that Work. That is the case regardless of whether the Work in question constitutes text, graphics, an audio file, or computer software. You represent and warrant that the Work is original work and does not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party and that you have fully complied with any third-party licenses relating to the Work, and have done all things necessary to successfully pass through to end users, including Ackerly Green, any required rights to use the Work.

2. Your Work.
a. Ownership. You retain all of your ownership rights in your Work.

b. License. You hereby grant Ackerly Green a worldwide, exclusive, subject to the exclusivity terms in Section 2.b. of this Agreement, royalty-free, perpetual, sublicenseable, and transferable license to use, reproduce, distribute, sell, prepare derivative works of (including, print, digital, and/or audio works), display, and perform the Work in connection with the Site and Ackerly Green’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Work (and derivative works thereof) in any media formats and through any media channels. Ackerly Green may edit your content in its sole discretion. If Ackerly Green uses your Work, it will credit you. If you wish not to be credited for your Work, you can request that your name be removed from the content by sending an email Ackerly Green at submit @ ackerlygreen.com.

c. Exclusivity. Ackerly Green shall have the exclusive rights to publish the Work for the period beginning on the date on which the Work is submitted through December 1 of the year in which the Work is submitted (“Exclusivity Term”). You represent and warrant that as of the date on which you submit the Work to Ackerly Green, the Work has not been published by yourself or by any third party. If the Work is accepted for publication by a third party within three (3) months of you submitting the Work to Ackerly Green, you shall notify Ackerly Green immediately. You may self-publish up to 50% of the Work during the Exclusivity Term, provided that you include a link for your readers to sign up for Ackerly Green’s newsletter.

d. Privacy. By making a submission, you waive any privacy expectations you may have with regard to your submission. If Ackerly Green selects your Work for publication, Ackerly Green will make the Work, in whole or part, available to the general public. The public may use and share your Work in various ways including via social media and other applications, all of which operate independently of Ackerly Green (i.e., have their own policies and terms), and commentary with which you disagree may become associated with your Work.

e. Compensation. Ackerly Green shall pay you $50 for each Work that is selected for publication by Ackerly Green, to be paid by Ackerly Green within 30 days of publication.

3. Ackerly Green’s Ownership.
Ackerly Green owns and retains all proprietary rights to the Ackerly Green trademarks and copyrights. No rights in or title of any Ackerly Green trademarks and copyrights are transferred, licensed or assigned to you.

4. No Ackerly Green Warranties.
THE ACKERLY GREEN CONTENT, SERVICES, MATERIALS, AUTHOR MATERIALS, FEATURES OR PRODUCTS ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACKERLY GREEN DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

5. Jurisdiction.
This Agreement or any dispute arising from this Agreement is governed by the laws of New York, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Eastern District of New York, and you hereby consent to the jurisdiction of any such court.

6. Indemnity.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Ackerly Green, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Work caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

7. Ability to Accept Terms of Use.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

8. Assignment.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ackerly Green without restriction.

9. Severability.
If any provision is found to be invalid, the remaining provisions will be in full force and effect.

10. Contact Information.
If you have any comments, questions or concerns regarding this Agreement, please send an email to submit @ ackerlygreen.com.

Last updated October 10, 2018