4.8 - Author Agreement
What follows is the legally binding agreement that all Guest Reviewers sign by pressing the "Submit" button. This is the final and legally exhaustive document and please consult it first if you have any questions.
Metal Storm Guest Reviewer's Agreement
The following are the terms and conditions governing article submissions by Guest Reviewers to the Metal Storm Web site located at http://metalstorm.net (hereinafter "Site"). We ask that you (hereinafter "Author") read the terms of the Agreement (hereinafter "Agreement") with Metal Storm carefully.
PLEASE READ THE FOLLOWING.
By submitting your article, review, concert review or other content ("Content") to this Site, Author agrees to these terms and conditions. The Site reserves the right, in its discretion, to change or modify all or any part of this agreement at any time, effective immediately upon publishing such changes or modifications. If Author does not agree, then Author should not submit any Content to this Site.
By submitting any Content to the Site, Author represents that Author has full rights to send us the Content and that sending us the Content for publication on the Site will not violate or infringe the rights of any third person or party, including but not limited to, rights in copyrights, patents, trademarks, service marks, trade secrets or other proprietary rights. Author also represents and understands that Author will not receive any form of compensation from the Site for the Content Author is submitting. Author further understands that submission of any Content to the Site does not in any way guarantee the Content will be published or appear on the Site.
Author grants to The Site the following rights to the Content:
- the right to proof-read and edit the Content prior to publishing or at any other time deemed necessary by Metal Storm;
- the worldwide and perpetual right to electronically publish and distribute the Content in all versions of the Site in any language and the right to translate and electronically publish and distribute the Content to other sites under license or contract with The Site;
- the worldwide and perpetual right to include the Content in advertising and promotion;
- the worldwide and perpetual right to include the Content in print and non-print products anywhere in the world.
Finally, we may delete any Content at any time, without any notice to the Author.
Author Represents and Warrants To Metal Storm that:
- Author is the sole author and owner of the Content and have the full power and authority, free of any rights of any nature whatsoever by any other person or party, to enter into this Agreement and to grant the rights, which are being granted by this Agreement.
- The Content does not and if published on the Site, will not infringe upon any copyright or any proprietary right at common law or otherwise.
- The Content is based on true facts and diligent research.
- Author will not enter into any subsequent Agreement or understanding with another person or entity which might conflict with the rights granted to The Site under this Agreement regarding the Content.
- Author acknowledges that the fee for the Content will be $0 and appropriate credit within the article on the Site.
Metal Storm is under no obligation to publish Author's submitted Content.
Author Further Represents That Author Will:
- Disclose any pecuniary or non-pecuniary interest Author may directly or indirectly, have in any security, company, or financial product, which is the subject matter of the Content. If a member of Author's family, or an entity in which Author is a shareholder has a pecuniary or non-pecuniary interest in the security, company, or financial product that must be disclosed as well.
- Make certain any hypertext links within the Content are active and working, obtain any necessary approvals from that company or entity, and make certain that such linking does not violate any copyrights, patents, trademarks, service marks, trade secrets or other proprietary rights.
- Make certain that the Content is formatted according to Metal Storm Publishing rules ie Band names go in [band] tags, Album titles are in italics, Song titles are in quotation marks and Lyrics are also in quotation marks.
- Not make any statement that Author knows, or should have reason to know is untruthful and/or unlawful.
- Not submit any Content that is defamatory, libelous, obscene, or in violation of any law.
- Not submit any Content that contains or contains hyper links to any viruses, "worms", "trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disclose your true identity and not impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Not forge e-mail headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to the Site;
- Not upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Not publish the Content in violation of this Agreement. Author agrees to cooperate with The Site in its defense of any action related to the Content. In addition, you agree to indemnify and hold The Site harmless from any and all claims, losses and expenses that are a result of your breach of the foregoing representations.
Termination Of Service:
The Site reserves the right, in its sole discretion, to restrict, suspend, or terminate the Site at any time, for any reason without prior notice or liability. The Site may change, suspend, or discontinue all or any aspect of The Site at any time.
Author agrees to indemnify, defend and hold harmless The Site, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by Author or any other person accessing the Site.
Author agrees that this is the entire Agreement between Author and The Site related to the Content and that this Agreement supersedes all previous agreements and understandings related to the Content. Any disputes related to this Agreement shall be governed by the laws of the European Union and Author consents to the jurisdiction of the courts of the same.
The Site reserves any and all rights not expressly stated herein.
-- End of Author's Agreement --