By participating in the Guest Author Program (“the Program”), the Writer expressly acknowledges and agrees that it has read and understand all terms and conditions in this agreement (“the Agreement”). The terms of this Agreement are strictly confidential and may not be shared by the Writer with any third party.
This is an Agreement between the writer (the “Writer”) and TypingDNA Inc. (TypingDNA) by which the Writer is transferring to TypingDNA all its rights regarding the article, photograph, graphic or any other content the Writer is submitting to TypingDNA.
The Writer has written an article or created an animation, or some other content that it has submitted to TypingDNA for publication (the “Content”). By submitting the Content, the Writer hereby assigns, transfer and grant to TypingDNA and its affiliates/successors, free and clear of all encumbrances or limitations of any kind, all its worldwide rights, titles, and interests in, to and under the Content. Except as provided for herein, the Writer shall not publish or redistribute the Content without referring to TypingDNA’s blog. For any re-publishing and/or re-distribution of the Content without referring to TypingDNA’s blog, the Writer agrees to pay to TypingDNA an amount of $1500 per republishing/redistribution. The amount shall be due 30 days after the Writer receives TypingDNA’s notice in this regard.
By submitting the Content to TypingDNA, the Writer agrees and acknowledges that it shall not have any rights to delete the Content, or ask TypingDNA to delete, edit or modify the Content.
The Writer shall not submit to TypingDNA any Content that it is not its own. The Content submitted by the Writer must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), or rights of privacy or publicity. The Writer hereby represents that the Content submitted to TypingDNA (i) has not been previously published, (ii) is its original work, (iii) it does not contain any defamatory, libelous, or unlawful matter, and (iv) it does not infringe or violate any copyright rights or other rights of any third party.
The Writer hereby understands that TypingDNA has no obligation to provide the Writer with any data or other information regarding the Content.
To the maximum extent permitted by law, the Writer agrees to defend and indemnify TypingDNA, its affiliates from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from: (i) the Content, or other material uploaded or otherwise provided by the Writer that infringes any copyright, trademark, or another intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by the Writer regarding the Program; (iii) any non-compliance and breach of this Agreement and the representations and warranties set forth herein; (iv) claims brought by persons or entities other than the parties of this Agreement arising from or related to the Writer’s submission; (v) acceptance, possession, misuse or use of any prize or participation in the Program, including but not limited to statutory and common law claims for misappropriation or right of publicity.
United States residents are required to provide a completed form W-9 and residents of other countries are required to provide a completed W-8BEN form. The aforementioned forms should be provided by the Writer within 10 (ten) calendar days from the date of receipt of written notification received from TypingDNA in this regard.
The Writers whose Content has not been selected for publication are not entitled to any remuneration whatsoever from TypingDNA.
The Writer acknowledge and agree that TypingDNA shall not give another compensation for the Content.
The Writer shall be solely responsible for all taxes and fees (including, without limitation, national, federal, state, provincial, territorial, prefectural, and/or local taxes, customs duties, fees, currency exchange charges), as well as any other expenses arising from the incentives provided by TypingDNA. The Writers are responsible for complying with foreign exchange and banking regulations in their respective jurisdiction and reporting the receipt of the prize to relevant government departments/agencies, if necessary.
TypingDNA reserves the right to withhold a portion of the prize amount in order to comply with the tax laws of the United States or those of the Writer’s jurisdiction.
The Writer warrants that the Content submitted to TypingDNA is its own original work and, as such, is sole and exclusive owner and rights holder of the Content and that he or she have the right to submit the Content to TypingDNA.
This Agreement is governed by, subject to, and construed in accordance with the laws of the State of New York, United States of America, excluding all conflict of law rules. If any provision(s) of this Agreement are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The Writer shall not be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (i.e., costs associated with entering this Program), and the Writer further waives all rights to have damages multiplied or increased.
Any disputes between the Writer and TypingDNA shall be resolved by the state or federal courts of New York, United States.