Contribution Terms of Service
You (hereinafter referred to as the “Contributor”) are accessing a publicly available website (hereinafter referred to as the “Online Platform”) operated by Digital Black Girls to publish one or more photographs, pieces of visual art, films, film clips, audio clips, and/or pieces of creative writing (hereinafter referred to as the “Work”) as uploaded on the Online Platform and accepted by Digital Black Girls.
This document defines the publishing terms and conditions, as well as the rights granted by the Contributor to Digital Black Girls related to the Work. By submitting Work through this Online Platform, the Contributor represents and warrants to having read and agrees to the following terms and conditions. In case of disagreement with any of the terms contained herein, the Contributor shall not upload Work to the Online Platform.1. Use of the Online Platform: The Contributor shall use the Online Platform to upload Work that s/he/they want(s) to submit to Digital Black Girls for publication on the Online Platform.
2. Submission of Work: The Contributor can submit Work to Digital Black Girls by uploading it to the Online Platform by using the Contribution Form. Acceptance, rejection, or use of submitted Work is at the sole discretion of Digital Black Girls.
3. Grants of Rights: By submitting the Work to Digital Black Girls, the Contributor grants the following rights to Digital Black Girls.
a. Grants to Digital Black Girls, its successors, assigns a perpetual, sublicensable, royalty-free, worldwide non-exclusive license to use, reproduce, distribute, exploit, adapt, modify, display, and create derivative works of the Work in any media now or hereafter known, including, but not limited to: publications, websites, articles, brochures, books, magazines, newsletters, exhibits, videos, films, social media, and advertisements (herein after referred to as the “Materials”) for educational, promotional, or any other purposes Digital Black Girls deems appropriate.
b. Grants to Digital Black Girls the unrestricted right to use, reproduce, distribute, exploit, adapt, modify, display, and create derivative works of any and all statements made by the Contributor in connection with the submission of the Work or the use of the Materials at Digital Black Girls’ sole discretion.
c. The conditions listed in “a” and “b” above are in effect until the Contributor submits a written request to Digital Black Girls to have Work removed from the Online Platform.
4. Publishing Conditions: Publication of the Work on the Online Platform does not entitle the Contributor to any payment or other renumeration. Contributor hereby waives any claim for compensation.
5. Contributor’s Representations, Warranties, and Indemnifications
a. The Contributor represents and warrants that they are either at least 18 years of age and are competent to contract in their own name, or if under 18 years of age, has permission of their parent(s) or guardian(s) to submit the Work and agree to the terms and conditions contained herein.
b. The Contributor represents and warrants that they are the sole author of the Work and of all intellectual property rights in the Work, that the Work is original and does not infringe or violate any copyright, right of privacy or publicity, or any other personal or property right of any person.
c. The Contributor releases and agrees to indemnify and hold Digital Black Girls harmless for any and all claims that they or any third party may have now or in the future for invasion of privacy, right of publicity, copyright infringement, defamation, or any other cause of action arising from the use, exploitation, adaptation, modification, reproduction, distribution, or display of the Work or Materials.
d. The Contributor represents and warrants that they have obtained all required consents, permissions, and/or usage rights prior to incorporating any third party materials into the content and hereby agree to indemnify and hold harmless Digital Black Girls and its successors and assigns and their respective trustees, owners, members, managers, directors, and employees from all damages, liabilities and expenses arising out of Contributor’s failure to obtain any such consents, permission, and/or usage rights.
e. The Contributor waives any right to be notified or to inspect or approve the Materials.
6. Contributor’s Property: Digital Black Girls shall not be responsible for loss or damage to any property of the Contributor.
7. Validity: In the event that one of the provisions of this document providing terms and conditions is considered void, the rest of the document will continue to be in force.
8. Applicable Laws and Jurisdiction: Any controversy, claim, or dispute arising out of or relating to this Agreement or the breach thereof shall be adjudicated in the appropriate local and/or state courts.
9. Assignment: This document shall be binding upon the heirs, executors, administrators, and assignees of the Contributor, and upon the successors and assignees of Digital Black Girls.