Thank you for your interest in writing for www.smashcutreviews.com (the “Site”), an entertainment blog owned by Smash Cut (“we” or “us”). We reserve the right, in our sole discretion, to publish or not publish any articles, content, or other materials that you submit to us (“Content”). Before we can accept any Content from you now or in the future, please confirm that you have read and agree to this Submissions Agreement (“Agreement”), which will govern any Content that you provide to us that is accepted for publication on the Site.
1. We do not wish to receive or hold any materials from you in confidence. Therefore, you agree that no confidential relationship or obligation of secrecy is established between you and us with respect to your Content. You irrevocably agree not to assert any claim of idea appropriation, misappropriation, or any other similar claims of any kind with respect to your Content.
2. In exchange for our providing you with this platform for expression and with potential exposure to users of the Site, all of which you agree is valuable consideration, you grant us a non-exclusive, perpetual, worldwide, royalty-free license to use, publish, reproduce, modify, adapt, license, sublicense, distribute, sell, perform, translate, and display the Content (including any drawings, images, sounds, video recordings, or other data embedded in the Content and including adaptations or derivative works based on the Content) for any purpose and in any manner or medium (now existing or hereafter developed) (the “Rights”). All Rights granted to us pursuant to this Agreement are irrevocable and vest immediately upon publication of your Content at www.smashcutreviews.com. You will retain ownership of the copyright in your Content, subject to the rights granted to us in this Agreement. However, if you decide to republish the Content elsewhere, you agree to include the following disclosure: “Originally published by Smash Cut Reviews at www.smashcutreviews.com.”
3. If your Content is accepted for publication on the Site, you can work through our author profile page to promote yourself and broadcast your voice to our audience. Please understand, however, that we may publish without restriction other content on the same or similar topics as that of your Content. We make no representations, warranties, or promises whatsoever regarding the nature or level of exposure that you or your Content will receive through our Site, and you agree that we have no obligation to you under this Agreement, or under any law, or in equity, in connection with any of your Content that we may use. We expressly disclaim all warranties of any kind, express or implied including, without limitation, any warranty of merchantability, quiet enjoyment, or fitness for a particular purpose.
4. IF YOU THINK YOU SHOULD BE PAID OR OTHERWISE COMPENSATED FOR YOUR CONTENT, PLEASE DO NOT SUBMIT IT TO US THROUGH THIS FORUM. THIS FORUM IS INTENDED ONLY FOR PERSONS WHO BELIEVE THEY WILL BENEFIT PERSONALLY OR PROFESSIONALLY FROM PUBLICATION OF THEIR CONTENT WITHOUT COMPENSATION. YOU ACKNOWLEDGE THAT YOU ARE NOT ENTITLED TO COMPENSATION OR REIMBURSEMENT OF ANY KIND FOR YOUR CONTENT OR ANY OF YOUR ACTIVITIES RELATED TO YOUR CONTENT AND THAT WE MAY BENEFIT COMMERCIALLY FROM YOUR CONTENT, INCLUDING BY ATTRACTING ADVERTISING TO THE SITE, BY INCREASING THE VALUE OF THE SITE, AND IN OTHER WAYS. YOU FURTHER ACKNOWLEDGE THAT WE HAVE NO OBLIGATION TO PROVIDE YOU WITH ANY DATA OR ANALYTICS OR OTHER INFORMATION THAT WE MAY OBTAIN OR CREATE (INCLUDING, BUT NOT LIMITED TO, PAGE VIEW DATA) CONCERNING YOUR CONTENT OR THE SITE.
5. We reserve the right, in our sole discretion, to (a) edit the Content, (b) supplement or co-mingle the Content with our trade names, trademarks, and service marks and with content provided by us or by third parties, (c) remove the Content from www.smashcutreviews.com, and (d) benefit commercially from the Content.
6. You represent and warrant to us that (a) you are 18 years of age or older and have provided us with your real name and email address on our Submissions form; (b) the Content is an original work created by you that has not been published elsewhere; (c) you own the copyright in the Content; (d) the Content does not contain any express or implied statements of fact that are untrue, false, or misleading; (e) the Content does not infringe the copyrights, trademarks or other rights of any third party; (f) the Content does not contain any viruses, worms, malware or other harmful or destructive material; and (g) the Content does not contain any defamatory, libelous, obscene, pornographic, threatening, abusive, harassing, or similarly unlawful material. You will indemnify and hold us harmless against any damages sustained or expenses incurred (including reasonable attorneys’ fees) in connection with any claim, action or proceeding based on an actual or alleged violation of these representations and warranties.
7. You acknowledge that there is no partnership, joint venture, employment, consulting or other such relationship between you or us (each a “Party” and together the “Parties”).
8. The terms of this Agreement are binding upon, and will inure to the benefit of the Parties, including their respective licensees, successors, and assigns. We may assign, license or transfer any or all of the Rights you have granted to us to any other person or entity. Except as expressly provided in this Agreement, there are no third-party beneficiaries to the Agreement.
9. If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions will not be affected or impaired, unless continued enforcement of the provisions frustrates the intent of the Parties.
10. No delay or failure by either Party in exercising any right under this Agreement, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Agreement will not be deemed a waiver of future enforcement of that or any other right.
11. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of New Jersey without regard to conflict/choice of law principles. Each Party hereto irrevocably consents to the exclusive jurisdiction and venue of any federal or state court within the County of Somerset, New Jersey in connection with any matter arising out of this Agreement, agrees that process may be served upon them in any manner authorized by the laws of the State of New Jersey, and waives and covenants not to assert or plead any objection which they might otherwise have to such jurisdiction, venue, or process.
12. This is the entire agreement between the Parties, and any changes must be agreed to in writing by the Parties.