Creative Writing Contest Terms of Use and Agreement

 

Author’s Grant
1. The Author grants permission to include his/her submitted work, story, poem or piece (hereinafter referred to as the Work), in/on HereWomenTalk.com (herein referred to as Publisher).

Rights
2(a). This use of the Work by the Publisher entails the assignment of First Rights and specifically First Internet Use, for publication in Here Women Talk, online and in various subscription formats (including email, RSS feed, Kindle, and any other subscription format that may be available at the time of publication).
2(b). The Author also grants to the Publisher the non-exclusive right to turn the Work into a podcast, at the Publisher’s discretion, and to make that podcast available on the Here Women Talk website and/or its affiliate websites, including those under the Zeus Media Network umbrella.
2(c). The Author also grants to the Publisher the right to use the Work in syndication (in print, online, or podcast form), within ninety (90) days of its original publication only, provided that the Work is accompanied by the Author’s byline and bio as originally published.
2(d). The Author understands and agrees that, after the date of publication, the Work will remain accessible online in Here Women Talk’s archives at the Publisher’s discretion, unless and until the Author submits a written request for the Work’s removal.
2(e). It is understood and agreed by all parties that the Publisher may use this Work only as described above, and that all rights not expressly granted by this contract reside exclusively with the Author, including but not limited to electronic rights.

Option on Anthology Rights
3(a). The Author grants to the Publisher an option on First Anthology Rights, provided that the option is activated within eighteen (18) months of the Author’s submission date.
3(b). If the Publisher chooses to exercise this option, Rider 1 (First Anthology Rights) comes into effect automatically when the Author is notified by the Publisher that the option is being activated; no new agreement is required.

Reprint Rights and Credits
4(a). The Author grants to the Publisher the right to make future offers on non-exclusive reprint rights.
4(b). If the Publisher chooses to exercise this option, a separate agreement must be entered into for each use of the reprint rights.
4(c). The Author recognizes the right of the Publisher to be credited as the original publisher of the Work, if the Work should be reprinted elsewhere.

Payments and Royalties
5(a). For the rights granted to the Publisher above in section 2 (Rights), the Author will be entered into a contest (see contest rules), resulting in three “Honorable Mention” categories and one grand-prize winnder who will receive $100 (in U.S. dollars).

5(d). The Author understands and agrees that payment will be made via PayPal only, and he/she also understands and agrees that he/she is responsible for creating a PayPal account, submitting his/her account information to the Publisher, and receiving or accepting the payment from the Publisher; if the account information is not submitted and/or the payment is not accepted by the Author after two (2) months, the payment will be considered to have been donated back to the Publisher.

Warranties, Representations and Indemnities
6(a). The Author represents and warrants that he/she is the sole author of the Work, that the Work is original and not previously published, and that the Work does not, to the best of his/her knowledge, infringe any third party’s copyright, trademark or other proprietary rights.
6(b). The Author also represents and warrants that he/she is the exclusive owner of all the rights specified in section 2 (Rights Purchased) and Rider 1 (First Anthology Rights), and that these rights have not previously been transferred to another party.
6(c). The Author also represents and warrants, to the best of his/her knowledge, that the Work does not contain any libellous material, and nor does it violate any third party’s right of privacy or publicity.
6(d). The Author also represents and warrants that he/she has the full power to enter into this contract with the Publisher and agrees not to enter into any other agreement that conflicts with the rights granted to the publisher in this contract.
6(e). If the Author is found to be in wilful breach of any of these representations and warranties, he/she agrees to indemnify the Publisher for any and all costs and expenses resulting from that breach.

No Competing Publication
7. The Author agrees not to publish or permit others to publish this Work in any form prior to its publication and appearance in Here Women Talk or during the month in which it first appears.

Changes in Text or Title
8(a). The Publisher will make no major alterations to the Work’s text or title without the Author’s written approval.
8(b). The Publisher reserves the right to make minor copy-editing changes to conform the style of the text to its customary form and usage, and/or to correct typographical and grammatical errors as necessary.

Reversion of Rights and Withdrawal of Offer to Publish
9(a). In the event that the Work is not published within six (6) months of submission to Here Women Talk, all rights revert to the Author, and the Author has the right to sell or arrange for publication of the above-named Work in any manner.
9(b). Should the rights revert to the Author without publication, the Author shall keep any payments already made by the Publisher to him/her, but any payments not yet made will be considered null and void. Provided that the rights originally purchased by the Publisher are still intact, the Author agrees not to pursue further payments, damages, or compensation of any sort.

Copyright
10. It is agreed and understood by all parties that the copyright of the Work remains with the Author, and the Publisher agrees to take all necessary steps to protect the Author’s copyright.

Author’s Credit
11. The Author will be credited at the beginning of the submitted work with the author’s name or pseudonym.

Venue
12. These terms of use constitutes an agreement between the Author and Publisher and shall be deemed executed under the laws of the State of South Carolina, United States.

Acknowledgement
13(a). The parties acknowledge that each party has read and understood these terms of use and the Author is in full agreement before submission of Work.

13(b). The Author understands and agrees that submission of work constitutes online acceptance of these terms of use, constituting an electronic signature, dated from the date of submission.

RIDER 1
First Anthology Rights
(i) At the Publisher’s discretion, the Work may be selected for inclusion in an anthology, and thus First Anthology Rights must be reserved for the Publisher for a period of six (6) months from the date of these terms of use and agreement.
(ii) Should the Publisher choose to exercise this option on First Anthology Rights, this rider comes into effect automatically when the Author is notified by the Publisher that the option is being activated; no new agreement is required.
(iii) Should the Publisher choose to exercise this option on First Anthology Rights, the Author will receive a single additional payment in the sum of US$1.00 for the worldwide right to first publish the Work in an Anthology, to be paid via PayPal on receipt of the Author’s account information; if the account information is not submitted and/or the payment is not accepted by the Author after one (1) year, the payment will be considered to have been donated back to the Publisher.
(iv) “Anthology” shall be defined as any collection of writings bearing one or more International Standard Book Numbers (ISBNs), which definition includes single-author collections as well as multi-author collections.
(v) The Anthology may be released in paperback, hardcover, and/or e-book editions, at the Publisher’s discretion, and shall remain in print indefinitely and/or be re-released at a future date, also at the Publisher’s discretion.
(vi) In the event that this option is not exercised within six (6) months, the First Anthology Rights shall revert to the Author.