This Contributor Agreement (“Agreement”) between the Contributor (“you”) and Trey Athletes (“we”, “our”, or “us”) governs the terms and conditions of submission of Content by you to us.
As used in this Agreement, “Content” means any essays, articles, drawings, images, videos or other materials that you submit to us in connection with our Athletes Anonymous blog series “Athletes Anonymous”. “Submission” means any form of electronic, verbal, or written communication sent to us or our representatives, including for the purpose of discussing, improving and finalizing the Content, but excluding communication that is conspicuously marked or otherwise designated in writing by you as “Not a Contribution.”
You accept and irrevocably agree to the following legally binding terms and conditions for any Content that you provide to us:
- Subject to the terms and conditions of this Agreement, you hereby grant us a non-exclusive, perpetual, worldwide, royalty-free license to use, publish, reproduce, modify, adapt, license, sublicense, distribute, sell, perform, translate, and display your Content (including any drawings, images, sounds, video recordings, or other data embedded in your Content, and including adaptations or derivative works based on your Content) for any purpose, in any language, and in any manner or medium (now existing or hereafter developed) (the “Rights”), including for publication on our social media platforms and our website, www.treyathletes.org (“Trey Athletes”). All Rights granted to us pursuant to this Agreement vest immediately upon receipt of an executed Agreement from you.
- You retain ownership of the copyright in your Content, subject to the rights granted to us in this Agreement.If you decide to republish your Content elsewhere, you agree to include the following disclosure: “Previously published by Trey Athletes at www.treyathletes.org.” If you wish your Content to be removed from Trey Athletes, please notify us in writing at firstname.lastname@example.org. We will undertake commercially reasonable efforts to remove your Content within 30 days of receipt of a removal request. You understand that it may not be possible to completely remove all traces of your Content from social media, print publications, and other derivative works or mediums.
- We may publish without restriction other content on the same or similar topics as that of your Content. We make no representations, warranties, or promises whatsoever regarding the nature or level of exposure that you or your Content will receive through Trey Athletes, and you agree that we have no obligation to you under this Agreement, or under any law, or in equity, in connection with any of your Content that we may use. We reserve the right to publish or not publish, part or in entirety, any Content you submit.
- Athletes Anonymous is a blog series that shares personal stories, many of them on an anonymous basis. If you wish to have your Content published under the name “Anonymous,” please indicate as much in the signature block at the end of this Agreement. We agree to undertake commercially reasonable best efforts to protect your identity. However, you understand that if you choose to submit a story anonymously, it is entirely at your own risk. You understand that details in your Content may make it possible for one or more persons to identify you. We make no guarantee that your identity will remain anonymous, and we disclaim any responsibility whatsoever for any harm resulting from the intentional or unintentional disclosure of your identity.
- You understand that Trey Athletes receives significant traffic, and is accessible to anyone on the Internet. You should not provide us with any Content that is infringing of someone else’s intellectual property rights, or defamatory. Anything posted on Trey Athletes will be available to anyone on the Internet. You are solely responsible for any legal or other repercussions that occur as a result of your Content being posted on Trey Athletes and release us from responsibility or liability which may arise from your Content. Subject to the terms and conditions of this Agreement, we are under no obligation to modify or delete your Content once it is posted on Trey Athletes, but reserve the right to do so in our sole discretion.
- You acknowledge that you are not entitled to compensation or reimbursement of any kind for your Content, or any of your activities related to your Content, and that we may benefit commercially from your Content, including by attracting advertising to Trey Athletes, by increasing the value of Trey Athletes, and in other ways. You further acknowledge that we have no obligation to provide you with any data or analytics or other information that we may obtain or create (including, but not limited to, page view data) concerning your Content or Trey Athletes.
- You acknowledge that other persons may have submitted Content to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your Content or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of Content, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any Content you or anyone else submits, that is purely coincidental and unavoidable. You irrevocably agree not to assert any claim of idea appropriation, misappropriation, or any other similar claims of any kind with respect to your Content.
- We reserve the right, in our sole discretion and without notice to you, to: (i) edit your Content; (ii) supplement or co-mingle your Content with our trade names, trademarks, and service marks and with content provided by us or by third parties; (iii) remove your Content from Trey Athletes, and (iv) benefit commercially from your Content.
- You represent and warrant to us that (i) you are 18 years of age or older; (ii) your Content is an original work created by you, about an experience you personally had; (iii) you own the copyright in your Content, and no other person, firm or corporation has any right, title or interest therein or thereto; (iv) your Content does not contain any express or implied statements of fact that are untrue, false, or misleading, and does not impersonate others, or misrepresent your identity or affiliation; (v) your Content does not infringe the copyrights, trademarks or other rights of any third party; (vi) your Content does not contain any viruses, worms, malware or other harmful or destructive material; and (vii) your Content does not contain any defamatory, libelous, obscene, pornographic, threatening, abusive, harassing, or similarly unlawful material. You will forever indemnify and hold us harmless against any and all claims, losses, damages sustained or liabilities or expenses incurred (including reasonable attorneys’ fees) in connection with the Content or any use thereof, and arising from any claim, action or proceeding based on an actual or alleged violation or breach of these representations and warranties. You agree to notify us in writing of any facts or circumstances of which you become aware that would make these representations and warranties inaccurate in any respect.
- You understand that we may have a legal, ethical or moral obligation or duty to report knowledge of alleged criminal violations to law enforcement or other relevant authorities, and reserve the right to fulfill this duty at our sole discretion. You acknowledge that we have no obligation to notify you of any such disclosures, and agree to forever indemnify and hold us harmless against any and all claims, losses, damages sustained or liabilities or expenses incurred (including reasonable attorneys’ fees) in connection with any such disclosures, or any subsequent, related communications.
- You acknowledge that there is no partnership, joint venture, employment, consulting or other such relationship between you or us (each a “Party” and together the “Parties”), and that this Agreement does not create a partnership relationship.
- The terms of this Agreement are binding upon, and will inure to the benefit of the Parties, including their respective licensees, successors, and assigns. We may assign, license or transfer any or all of the Rights you have granted to us to any other person or entity. Except as expressly provided in this Agreement, there are no third-party beneficiaries to the Agreement.
- If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and shall be modified, amended, or limited only to the extent necessary to rend it valid and enforceable. The validity, legality and enforceability of the remaining provisions will not be affected or impaired, unless continued enforcement of the provisions frustrates the intent of the Parties.
- No delay or failure by either Party in exercising any right under this Agreement, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Agreement will not be deemed a waiver of prior or subsequent rights of that or any other right.
- This Agreement shall be interpreted, construed and enforced in accordance with the laws of the Delaware without regard to conflict/choice of law principles.
- This is the entire agreement between the Parties, and supersedes any and all prior or contemporaneous electronic, written or verbal agreements or representations. Any changes must be agreed to in writing signed by the Parties.
BY SIGNING BELOW, I CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT: