Note: by submitting your writing or illustration to Portmanteau, you confirm your agreement and acceptance of these terms should you be accepted for publication
PORTMANTEAU LDN LTD CONTRIBUTOR AGREEMENT
Parties
This agreement is between Portmanteau LDN LTD (‘We’, ‘Us’, ‘Our’, ‘The Magazine’) and the Contributor Author (‘You’, ‘Your’).
Agreed Terms
1. Definitions
1.1 Article means any contribution in any format produced by the Contributor Author or Illustrator for inclusion in the magazine
1.2 Co-authors refers to any Author or Authors, Illustrator or Illustrators who have co-authored or co-produced the Article together with Contributor Author
1.3 Contributor Author refers to the creator of the Article and the person who We correspond with regarding the Article and this Contributor Agreement
1.4 Publication means any issue published by Portmanteau LDN LTD in which both parties intend the Article to be included
1.5 Publisher means Portmanteau LDN (LTD ‘We’, ‘Us’, ‘Our’, ‘The Magazine’) www.portmanteauldn.com | [email protected]
1.6 You/ Your makes reference to the Contributor Author, and in relevant cases, to the Contributor Author and all Co-Authors
2. Co-Authors
2.1 Permissions
Where the Article belongs to Co-Authors (as defined above), the Contributing Author hereby confirms they have permission from all Co-Authors to enter into this Contributor Agreement with Portmanteau on the Co-Authors’ behalf. The Contributing Author indemnifies the Publisher for any losses resulting from their own failure to secure express permission prior to entering into this agreement.
3. Rights and License
3.1 In consideration of all future benefits derived from the Article and Publication following the acceptance and upholding of this Contributor Agreement, subject to the Terms and Conditions laid out here, you grant the Publisher:
3.1.1 The non-exclusive right to edit, publish, share and otherwise exploit the Article to any reasonable degree including but not limited to Publication and Promotion in accordance with applicable law; and
3.1.2 The right to be named as first Publisher of the Article and referred to as such in subsequent publications which the author might send their Article for re-publication
3.2 Subject to the above (clause 3.1), you retain all legal rights pertaining to the Article, including your rights as defined by Copyright law (Copyright, Designs and Patents Act 1988), and your Moral Rights which will be asserted by the Publisher on Your behalf
3.3 Should any discrepancies arise between the agreed upon terms in this Contributor Agreement and the terms in applicable law, the terms of the applicable law shall prevail to the extent of inconsistencies
4. Warranties and Indemnification
4.1 You hereby warrant to the Publisher that:
4.1.1 The Article and all its content is original to you; or that you are the copyright holder in whole or in part of the Article and hold rights in law to act as such, except for such excerpts or derivatives of other works that are included with written permission of the copyright owner or in accordance with all relevant law;
4.1.2 The Article has not been published in any form elsewhere under such an agreement that the Publisher’s use of the Article will in any way whatsoever create a violation of existing copyright or a breach of any existing agreements held by the Contributor Author and any third party external to the Publisher and Contributor Author as defined in this agreement, including but not limited to contracts of employment;
4.1.3 The Article includes nothing that may be considered unlawful or libellous, that all statements purporting as facts are true at the time of Publication, and that the Article contains no breach of confidence or commitment to secrecy whether written or implied, and that any instructions, including but not limited to, formulae and recipes, will not cause illness, injury or damage to the reader if followed accurately;
4.1.4 You hereby accept sole responsibility for obtaining all necessary permissions for publications in the Article which includes textual and illustrative materials to which the copyright is attributed elsewhere, including all incurred expenses. You will make permissions obtained for publication of all copyrighted material, available to the Publisher upon request;
4.1.5 All copyrighted material as defined above shall be clearly acknowledged within Your Article as appropriate;
4.1.6 The Article complies with all of the Publisher’s named guidelines and restrictions, as may be revised at the Publisher’s sole discretion with no obligation to inform the Contributor Author. The Contributor Author takes sole responsibility of staying up to date with the current guidelines, if any, as laid out by the Publisher;
4.1.7 You agree to indemnify the Publisher against any and all losses, damage, claims or costs including legal fees, incurred by the Publisher in consequence of any breach of the warranties as laid out in this Contributor Agreement or arising from any claim alleging that the Article contains, whether false or sustained, a breach of these warranties or relevant law.
5. Publication
5.1 The Publisher retains the sole right to decline to publish the Article for any reason at the Publisher’s discretion. The Publisher holds the right to terminate this agreement on written notice to you, should the Publisher do so. On such an occasion, all rights to the Article will revert to the Author
5.2 If accepted for Publication, the Article shall be licensed by the Publisher and made available to the public under the Creative Commons Attribution License. The Publisher requires the right to be acknowledged as the first Publisher of the Article in subsequent publications.
6. Royalties
6.1 You acknowledge and agree that You and any Co-Authors are not entitled to royalty payments of any kind in connection with the Article’s Publication, regardless of your connection to the Publisher.
7. Termination
7.1 The terms set out in Section 4, Warranties and Indemnification, shall survive the termination of this agreement
8. Applicable Law
8.1 This Contributor Agreement is governed by and carried out in accordance with the laws of England and the United Kingdom. Applicable laws from the Contributor’s territory shall be observed by the Contributor and observation of which is the sole responsibility of the Contributor. English courts shall have exclusive jurisdiction in relevant situations.
If accepted for publication, a copy of this agreement will be emailed for your signature and digital return.