Contributor Agreement

 

By clicking to accept the terms and conditions of this Contributor Agreement (the “Agreement”), you understand and agree that:

  • When you create and submit written or video content (“Content”) to TheDoctorWeighsIn.com, you agree to the following: (a) TDWI, its successors, affiliates, and licensees (collectively, the “Company”) shall have the right to post, publish, republish, or otherwise reproduce such Content TheDoctorWeighsIn.com and/or in any newspapers, magazines, periodicals, websites, or other media of the Company, its successors, affiliates, and/or licensees, whether now existing or hereafter developed in any form in any and all media (individually and collectively referred to herein as “The Doctor Weighs In”); (b) the Content is “work” specially ordered, commissioned, and/or accepted by the Company and is owned fully and completely by the Company (subject only to your license to use the Content as provided below); and (c) the ownership of the Content, and all other materials previously submitted or to be submitted to the Company in the past or future, are subject to and governed by the ownership terms and provisions of this Agreement. If for any reason the Content is not deemed to constitute “work”, you hereby irrevocably assign and transfer to the Company in perpetuity any and all rights of any kind to the Content.
  • By submitting Content to The Doctor Weighs In, you agree and acknowledge that the Company shall be the exclusive provider of that Content for 72 hours from the date of posting (the “Exclusive Term”) should it be accepted to be posted on The Doctor Weighs In, at the Company’s sole discretion, and that the Company shall have the worldwide, irrevocable, perpetual, transferable, sub-licensable, fully-paid up (subject only to any required payments hereunder) right to make any use of such Content, and any derivative works therefrom on The Doctor Weighs In, in any and all media and in any format presently existing or hereafter to exist, and in advertising and promotional materials relating to the Company. Upon expiration of the Exclusive Term, the Company automatically grants you a non-exclusive, worldwide perpetual, transferable, sub-licensable, fully-paid up, royalty-free license to publish the Content on another website, so long as (1) it prominently includes the statement that it was “originally published in The Doctor Weighs In and (2) it includes a prominent link back to the original publication of the Content on The Doctor Weighs In. You agree that prior to submitting any Content to the Company, you shall not have posted such Content or made such Content available in full or in part, and will not subsequently post such Content or make it available in full or in part (or any article substantially similar) during the Exclusive Term on any other website, including any blog, or in any other media, technology, or method. Notwithstanding the foregoing, you may publish a headline and/or brief summary or snippet of the article elsewhere (up to a maximum of 100 words, but no more than 25% of the total article) and link to the full Content on The Doctor Weighs In, including promoting the Content on social media platforms (such as Facebook, LinkedIn, and Twitter) as required herein. The brief summary or snippet may not include photos, charts, or images.
  • The Company reserves the right to accept or reject any Content submitted by you in its sole and absolute discretion. Further, the Company reserves the right to remove any Content from The Doctor Weighs In, or edit it and its headline/title in any fashion (including on social media posts), at any time and for any reason in its sole and absolute discretion.
  • You agree to actively promote all content submitted by you that is accepted for publication in TheDoctorWeighs In.com through all reasonable means, including without limitation, posts on social media platforms (such as Facebook, LinkedIn, and Twitter) with links to the article on TheDoctorWeighsIn.com. You further agree that The Doctor Weighs In shall have the right to utilize your name and/or likeness for publicity purposes. You agree that you will not identify yourself or refer to yourself in any medium (including television, radio, social media, or online) as a contributor to The Doctor Weighs In without the Company’s advance written permission. Any publication of the Content in any medium following the Exclusive Term must prominently include the statement that it was “originally published in The Doctor Weighs In.”
  • Although the Company takes reasonable commercial measures to prevent content from being republished in full by other websites or via other technologies, the Company is not liable for any actions of third parties, including publication of content without the Company’s consent.
  • With respect to all content submitted by you to The Doctor Weighs In, you represent and warrant to the Company that:
    • You have carefully read and understood this Agreement in its entirety;
    • You have the full, exclusive, and unencumbered right and authority to enter into this Agreement and perform your obligations hereunder;
    • You are the sole and exclusive owner and administrator of all rights, titles, and interests in and to the content;
    • The content shall be created solely by your own efforts and shall not be copied from or based upon any other material of any kind unless such material is in the public domain;
    • You have thoroughly checked the facts in your content submissions;
    • You are at least 18 years old;
    • Neither the content, nor any elements thereof, infringes upon or violates the copyright, trademark, intellectual property rights, or any other proprietary rights of any person or entity;
    • Neither the content, nor any elements thereof, shall attribute a false or misleading statement to, or imply a false endorsement by, the Company;
    • Neither the content, nor any elements thereof, contains defamatory material or would constitute defamation; and
    • No adverse claim exists with respect to the content.

Except as you advise the Company in writing in advance, you have performed no work on behalf of any subject of the Content; received no consideration from them; have received no consideration from any third party for acting as spokesperson, taking a particular position, or endorsing a particular view, product, or brand in connection with the Content. In the event that you advise the Company of such information, the Company, in its sole discretion, may include it prominently in any publication or use of the Content.

  • You acknowledge and agree that the views and opinions expressed in any Content submitted by you are your views and opinions alone, and not those of the Company. In connection with the submission by you of any Content to The Doctor Weighs In for publication, you agree to disclose all conflicts of interest or potential conflicts of interest that may exist (financial or otherwise). The Company shall have the right to either (1) refuse to publish that Content because of such conflicts of interest or potential conflicts of interest (or otherwise), or (2) publish that Content and disclose (in any manner the Company sees fit) all conflicts of interest and potential conflicts of interest, in its sole and absolute discretion.
  • You agree to indemnify, release, and hold harmless the Company (as well as the Company’s officers, directors, members, managers, owners, agents, employees, affiliates, successors, assigns, and licensees) from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable attorneys’ fees) incurred by or asserted against such indemnitees arising out of or in connection with any breach or claim of breach of the representations an/or warranties made by you hereunder, including but not limited to your representation and warranty regarding defamation.
  • We may terminate or change the terms and conditions of this Agreement at any time. Termination of your relationship with the Company shall not terminate any rights of the Company for previously submitted articles.
  • This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns. All notices shall be in writing or electronic mail. This Agreement shall be controlled, construed, and enforced in accordance with the laws of the State of California without giving effect to its principles of conflicts of law. Each of the parties irrevocably submits to the exclusive jurisdiction of the state and federal courts located in California for the purposes of any suit, action, or other proceeding in connection with or relating to this Agreement. If any provision of this Agreement is invalid or unenforceable, the balance of this Agreement shall remain in effect. A waiver of any breach of any provision of this Agreement must be in writing or by electronic mail. This Agreement represents the entire agreement with respect to the matters contemplated herein and supersedes any prior oral or written agreements or undertakings between the parties with respect to such matters.