TERMS OF SUBMISSION
I wish to submit a query (“Query”) to The Old Schoolhouse Magazine®, LLC (“TOS”). This Query includes and contains unsolicited material which may include, without limitation, original or derivative ideas, works of authorship, joint works, titles, captions, artistic works, photographic works, concepts, methods, improvements, designs, discoveries, ideas, software, websites, trademarks, trade dress and trade secrets, whether or not patentable or registerable under patent, copyright, trademark or similar laws, solely or jointly conceived, and whether or not produced, developed, experimented upon or reduced to practice (collectively, “Material”). The Query is being submitted for consideration with the understanding that TOS has not made any promises, representations, warranties or inducements to me personally or with regard to the contents of or any Material included in the Query. In consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree to each and all of the following Terms of Submission (“Terms of Submission”):
All references to the Query in these Terms of Submission include, without limitation, all Material and other items submitted as part of the Query.
I agree to the Terms of Submission without reservation. I request that TOS read and evaluate the Query for possible publication in one or more of the various print and electronic publications created and operated by or on behalf of TOS (“Publications”), including without limitation The Old Schoolhouse Magazine and the internet website www.TheOldSchoolhouse.com. I understand and agree that TOS would not read, accept or consider the Query but for my agreement to all of the Terms of Submission. I understand and agree that all queries and other submissions become the property of TOS and that TOS is under no obligation to return, reply to or accept the Query, including without limitation any of the Material, under any circumstances.
I understand and agree that TOS has no obligation of any kind, express or implied, relating to, arising out of or created by receipt of the Query. I understand and agree that TOS has no contract, legal relationship or other obligation to me, express or implied, unless and until TOS and I enter into a separate, written agreement signed by both TOS and me which specifically states that it creates a contract, waiver, release, obligation or legal relationship.
I understand and agree that TOS receives many queries, submissions, ideas, stories, articles, columns, photographs and similar works and material (“Submissions”) and that the files and archives of TOS contain large numbers of varied themes and ideas for articles, features, columns, stories, artistic and photographic works and all other aspects of the Publications created and published by TOS. I understand that many Submissions may be similar or even identical to the Query or Material contained in the Query. I am aware that TOS is constantly researching and developing new ideas for all aspects of its Publications and that TOS is likely to possess, through its own efforts or through other Submissions, material and ideas substantially similar to Material contained in the Query. I also recognize that many similar themes, ideas, articles, features, columns, stories, artistic and photographic works relate to family, education and homeschooling concepts which are the major themes of Publications produced by or on behalf of TOS. I understand and agree that publication of articles, material and ideas substantially similar to or sharing major themes with the Query is not of itself sufficient evidence to allege or prove that TOS has wrongfully appropriated the Query or any Material contained therein. I understand and agree that TOS does not have and will not incur any responsibility, obligation or liability to me for publication of any original or derivative ideas, works of authorship, joint works, titles, captions, artistic works, photographic works, concepts, methods, improvements, designs, discoveries, ideas, software, websites, trademarks, trade dress and trade secrets, regardless of any similarity to the Query or Material contained in the Query, unless TOS actually uses the Query or the Material (a) as a whole (b) as a direct result of my submission of the Query to TOS and (c) without entering into a separate written agreement signed by both TOS and me which specifically states that it creates a contract, waiver, release, obligation or legal relationship. I understand and agree that I will bear the sole burden of proving all elements of any claims against TOS, including without limitation the burden of proving TOS wrongfully appropriated the Query or any Material contained in the Query and that the Query and Material submitted by me is substantially different in content from material already in the possession of TOS or obtained by TOS from any other source.
I hereby represent and warrant to TOS that:
I am submitting the Query voluntarily and no person or entity, including without limitation TOS, has made any promises, threats or representations of any kind in order to encourage, induce or force me to agree to these Terms of Submission or to submit the Query.
I have not deliberately included any dishonest, plagiarized or inaccurate statements in the Query, which relates to an original work I have written produced or created or which I propose to write, produce or create.
I have the capacity and authority to agree to the Terms of Submission and to write, produce or create the specific works anticipated by the Query.
Compliance with the Terms of Submission will not, now or in the future, violate the terms of any other contract or agreement to which or by which I am bound or legally obligated.
The Query and the specific works anticipated by the Query are not in the public domain and have not appeared in print or any other published source, including without limitation electronic sources.
The Query and the specific works anticipated by the Query do not and will not infringe, violate or conflict with the intellectual property rights of any person or entity, including without limitation rights of copyright, trademark, trade secret and rights to proprietary works.
The Query is not in any way defamatory, libelous, obscene or an incitement to an illegal act, does not illegally infringe upon the privacy or contract rights of any person or entity and does not violate the law of any state, the United States or the Berne Convention for the Protection of Literary and Artistic Works.
I have not and will not solicit, receive or accept payment, compensation or anything of value from any third party in exchange for inserting, using or recommending a name, product or other content in the Query or the specific works anticipated by the Query.
I have retained and will retain copies of all sources cited or referenced in the Query and the specific works anticipated by the Query and will support or verify all statements of fact, quotations and other citations contained in the Query at the request of TOS.
I will indemnify TOS against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorneys’ fees resulting from or arising out of my breach of these Terms of Submission.
The Terms of Submission represent the only, final, complete and exclusive understanding between TOS and me. I have no relationship, agreement or rights relating to TOS except as expressly stated in the Terms of Submission. I understand and agree that the Terms of Submission were written in and will be construed and enforced in accordance with the laws of the State of California and that my acceptance of the Terms of Submission is taking place within the State of California. I agree to submit to the personal jurisdiction of the Federal or state courts located in Sacramento, California for purposes of any legal action commenced under or arising out of the Terms of Submission or the Query.
Nothing contained in these Terms of Submission will be interpreted to require the commission of an illegal act or a violation of applicable law. If any conflict arises between the Terms of Submission and applicable law the latter will prevail, the relevant provisions of the Terms of Submission will be deleted, modified or limited to the extent necessary to comply with law and all other provisions of the Terms of Submission will remain in full force and effect.
I understand that the decision to click the words “I ACCEPT THE TERMS OF SUBMISSION” indicates my full and complete agreement to each and every one of the Terms of Submission as if I had signed a written document containing the same.