Contributor Copyright and License Agreement

Apogee Photo Magazine

Contributor Copyright and License Agreement

Revised: April 2018

The below terms and conditions shall apply upon the acceptance of any and all articles and photo submissions by Apogee Photo Magazine.

By submitting one or more works of authorship comprised of photographs, articles, or any combination thereof (collectively, “Works”, and each article individually, the “Written Work”) to Apogee Photo Magazine (including the apogeephoto.com website and its owners and affiliates) (“ApogeePhoto” or “Apogee Photo Magazine”), you, as the author(s) and/or photographer(s) (“Contributor”), (a) agrees to, and hereby does, assign, transfer, and otherwise convey to ApogeePhoto, irrevocably and in perpetuity, throughout the universe, all right, title, and interest in and to the Written Work(s) and any Adapted Work (as defined below), including all copyrights and other intellectual property rights therein; and (b) grants to ApogeePhoto and its affiliates, and each of their respective direct and indirect successors and assigns, a perpetual, non-exclusive, irrevocable, freely transferable, fully paid-up and royalty-free, worldwide right and license to use, sell, or otherwise enjoy, commercialize, and exploit the original photograph(s) submitted as part of any Work, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, in all formats and media, whether now known and existing or hereafter discovered or developed, for all or any purposes whatsoever. For purposes of clarity and without limiting the foregoing, Contributor agrees that the foregoing grant includes the rights: (a) to modify, edit, combine with other materials, translate, include in collective works, and create derivative works of such Work(s) (collectively, “Adapt”, and “Adapted” and “Adaptation” have correlative meanings); (b) to reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit such Work(s), in whole or in part, and as provided by Contributor unmodified or Adapted and (c) to advertise or promote the Work(s), ApogeePhoto’s business, or another product or service. Contributor understands that by submitting one or more Works, Contributor approves the use of such Works, including any Adaptation thereof, for publishing in the apogeephoto.com website, and any current or future Apogee Photo Magazine websites, blogs or social media pages and other affiliated platforms, including without limitation the https://www.facebook.com/ApogeePhotoMagazine Facebook page and the twitter.com/Apogee_Photo twitter account.

ApogeePhoto is and will be the sole and exclusive owner of all right, title, and interest in and to the Adapted Works and the Written Work(s) and all Adaptations of the Work(s) made by, or by any third party for the benefit of, ApogeePhoto, in each case including all copyrights and other intellectual property rights therein. Contributor irrevocably waives any and all claims Contributor may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of droit moral with respect to such Adapted Work or Written Work. Contributor shall not sell, publish or grant the use of or give permission to use any portion of any Written Work or Adapted Work (other than any underlying original photograph(s)), in part or in whole, to any third person or entity without the written consent of ApogeePhoto.

Contributor will own and retain all right, title, and interest in and to the original photograph(s) submitted as part of any Work, subject to the license granted above. ApogeePhoto shall not sell, grant the use of or give permission to use any individual photograph, in part or in whole, to any third person or entity without the written consent of Contributor; provided, that ApogeePhoto may sell, grant the use of or give permission to use any Adapted Work, including any photograph(s) submitted as part of the unmodified version of such Adapted Work.

In full consideration of Contributor’s creation and submission of any Work, ApogeePhoto agrees that, to the extent provided, Contributor’s name and link to its bio (or such other source attribution as agreed upon by ApogeePhoto and Contributor) will accompany such Work in connection with any publication of such Work, provided, however, that ApogeePhoto may provide such attribution in such format, size and style as it determines is appropriate in its reasonable discretion. ApogeePhoto’s obligation to provide Contributor with the foregoing source attribution shall continue for a reasonable period of time not to exceed one year; provided, that ApogeePhoto may immediately remove such attribution upon determination that such Work does not comply with these terms or Contributor has breached any of its representations, warranties, or other obligations hereunder, regardless of whether ApogeePhoto continues to publish such Work.

By submitting one or more Works to ApogeePhoto, Contributor hereby represents and warrants that Contributor has the full power and authority to make this grant and that exclusive rights of use to the Work(s) have not been assigned to any other party, or that permission has been obtained for publication by ApogeePhoto from such rights holders. Contributor further represents and warrants that Contributor has proper permission to use any cited work which is included in any Work which exceeds the Fair Use Clause of the United States Copyright Law and that each Work (i) is Contributor’s sole and original creation; (ii) does not violate any law, statute, ordinance or regulation; (iii) is accurate and complete; (iv) is not libelous or otherwise defamatory; and (v) does not, and use thereof as granted hereunder will not, infringe or otherwise violate any right of any third party, including any copyright, trademark, patent, trade secret, or other intellectual property right, or any right of publicity or privacy. Contributor further represents and warrants that each Written Work has not been, and prior to ApogeePhoto’s publication thereof will not be, published or otherwise made publicly available, in whole or in part.

Contributor agrees to hold harmless and indemnify ApogeePhoto and its affiliates and their respective members, officers, agents and representatives from and against any claims, demands, suits, actions, proceedings, damages, liabilities, losses, costs, and expenses, including attorneys’ fees and disbursements, arising from or relating to any breach by Contributor of its representations, warranties, or other obligations hereunder. If any third party brings a claim, demand, lawsuit or other proceeding against ApogeePhoto, based on content submitted, Contributor agrees to compensate ApogeePhoto and its members, officers, agents and representatives for any and all losses, liabilities, damages or expenses including attorney’s fees incurred by such party, in connection with any such claim, demand, lawsuit or proceeding.

Upon publishing of any Work, unmodified or Adapted, in the apogeephoto.com website or any Related Platform, Contributor automatically assigns ApogeePhoto, to be its past, present and future duly authorized Copyright Agent of the published version, whether unmodified or Adapted, of such Work(s) and/or individual photos that appear within the apogeephoto.com website or such Related Platform.  This is designed in order for ApogeePhoto to send takedown notices, demand letters, letters of intent, and implement fines to copyright infringers or their assigned agents when any third party has copied or distributed, modified, republished, posted, uploaded, transmitted, participated in the transfer or sale, created derivative works, or in any way exploited any of portion of the Works, including Adaptations of the Works, in whole or in part from within apogeephoto.com or such Related Platform without ApogeePhoto’s or Contributor’s authorization.

ApogeePhoto reserves the right to modify or remove any content at any time without prior notice.

ApogeePhoto reserves the right, in its sole discretion, to change, add to, modify, or remove portions of these terms at any time. Be sure to review these terms periodically for any such changes.  Any and all changes shall be effective upon posting and shall apply to all prior and future submitted Works.  Continued submissions of articles and photos for publication constitutes as your acceptance to the changes.