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PLEASE READ THESE TERMS CAREFULLY. THIS CONTRIBUTOR AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“Contributor”) AND EDUCATIONOVERSIGHT.ORG. WHEN SUBMITTING AN ARTICLE FOR PUBLICATION ON OUR WEBSITE, YOU AGREE TO THE FOLLOWING:
1. Effective Date: “Effective Date” means the date on which you accept this Agreement by submitting a contribution to EducationOversight.org and agreeing to final edits.
2. Originality, Representations, and Warranties: Excluding submissions of links to 3rd party articles, any contribution of work represents, warrants, and maintains that they are the original creator of the Contribution, and such Contribution will not infringe upon the proprietary or any other rights of any other party, including without limitation any intellectual property rights, rights of publicity, rights of personality, rights of privacy, rights to payments of royalties, or any other rights of third parties not specifically identified in this section. No contributed content may be libelous or defamatory in any way.
3. Copyright: Prior to delivery of the Work, obtain permission from all persons or entities who are, or whose property is, identified, depicted, or otherwise referenced to in such Work. All written and signed licenses, permissions, waivers, and consents, including those public and private, are, or reasonably may be expected to be, necessary for the Company, including its licensees, successors and assigns, to exercise its rights in such Work, including all intellectual property rights therein, without incurring any payment or other obligation to, or otherwise violating any right, any such person. A fully executed copy of any of the above permissions necessary must be provided to EducationOversight.org prior to posting or publication.
4. License: Subject to the terms and conditions of this Agreement, you grant EducationOversight.org an exclusive royalty-free worldwide license to edit and publish the Contribution on the blog, podcast, and/or any social media outlet of EducationOversight.org, and/or via any future syndication partnerships. You retain ownership and copyright of the original, pre-edited Contribution with the stipulation that you will not post the Contribution elsewhere online – with the exception reposting from any EducationOversight.org outlet to your own website, social media outlet, or blog.
5. Royalties: You acknowledge and agree that you are entering into this Agreement with no expectation of any payment for any contribution on EducationOversight.org or it’s other channels. (All Works submitted at this time are done solely on a volunteer basis.)
6. DISCLAIMER: EducationOversight.org, its affiliates, or any Contributors can make any representations or warranties, express or imply that publication is guaranteed. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY TO THE OTHER PARTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY: Except for Contributor indemnification obligations herein, under no circumstances will the Contributor (you), EducationOversight.org, or any affiliate be liable to another party for any indirect, incidental, consequential, special, or exemplary damages arising from this contribution agreement. This holds true, even if that party has been advised of such a possibility including damages such as, but not limited to, loss of revenue or anticipated profits, or loss of business. In no event will EducationOversight.org’s total liability under this agreement exceed $0. The parties agree that the aforementioned statement represents a fair allocation of risk hereunder and that such limitations shall apply notwithstanding any failure of essential purpose.
8. Indemnification: You, as the Contributor, agree, at your own expense, to indemnify, defend and hold harmless EducationOversight.org, its affiliates, and/or any of their respective officers, directors, employees, representatives, licensees and agents from and against and in respect of any and all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands or other proceedings brought against EducationOversight.org, its affiliates or parent company or any of their respective officers, directors, employees, representatives, licensees or agents, including without limitation reasonable legal fees and expenses, relating to, based upon, incident to, arising from, or in connection with (a) your breach of any of your representations or warranties herein; (b) any claim or allegation that the Contribution infringes in any manner any Intellectual Property Right or any other right of any third party, is or contains any material or information that is obscene, defamatory, libelous, slanderous, or that violates any law or regulation, or violates any rights of any person or entity, including without limitation rights of publicity, privacy or personality, or has otherwise resulted in any consumer fraud, product liability, tort, deceptive trade practice, breach of contract, injury, damage or harm of any kind to any third party.
9. Assignment: The Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. EducationOversight.org may assign the Agreement without consent in connection with any merger, consolidation, any sale of all or part of its assets related to this Agreement. Any attempt to assign or transfer the Agreement other than in accordance with this provision will be null and void.
10. Governing Law: This agreement will be governed, construed, and enforced in accordance with the laws of the state of Texas, without regard to its conflict of laws rules.
11. Relationship of the Parties: The parties acknowledge and agree that they are dealing with each other as independent contractors. Neither the Agreement, nor any terms and conditions contained in the Agreement may be construed as creating or constituting an employee-employer relationship, a partnership, a joint venture, a franchise, or an agency between you and EducationOversight.org. Neither the Contributor nor EducationOversight.org may bind the other in contracts with third parties or make promises or representations on behalf of the other party without a signed written consent, and employees and agents of one party are not for any purpose employees or agents of the other.
12. Severability: If any provision or part of a provision in this Agreement is held to be illegal, invalid, or unenforceable by a court or other decision-making authority of competent jurisdiction, then the remainder of the provision will be enforced so as to effect the intention of the parties, and the validity and enforceability of all other provisions in this Agreement will not be affected or impaired.
13. No General Waiver for All: Waiver of any one default will not waive subsequent defaults of the same or different kind with respect to this agreement. Also, no failure or delay of either party (either the blog or the contributor) to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights.
14. Amendments: EducationOversight.org may amend this Agreement from time-to-time by providing you with notice of the amended Agreement via email; you agree to update your email address as necessary by notifying EducationOversight.org of any changes. In addition to any other acceptance procedure, your submission of new Contribution following notice of the amended Agreement constitutes your acceptance of the amended Agreement. Except for the foregoing, this Agreement may be amended only by a written agreement signed by authorized representatives of EducationOversight.org and you (Contributor).
15. Third-Party Beneficiary: EducationOversight.org and its affiliates, future parent, and/or their respective officers, directors, employees, representatives, licensees, and agents shall be third-party beneficiaries under this Agreement solely with respect to the Indemnification Section (Section 10). As third-party beneficiaries, they shall have the right to enforce Section 10 on their own behalf, but are not parties hereto and shall have no obligation under this Agreement.
16. Enforcement of this Agreement
If you have questions regarding these Terms, please contact us.
17. Changes to this Agreement
We may update these Terms any time. When we do, we will also revise the “last updated” date below.
Last Updated: August 19, 2024