Contributor License

1. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contributor hereby grants to Callaway & Associates, Inc., dba (“Website Publisher”) a nonexclusive, perpetual and irrevocable, transferable, sublicenseable, worldwide, royalty-free and, except as expressly agreed between the parties, non-fee bearing license, without limitation, to use, reproduce, distribute, publish on (the “Website”) or, with Contributor’s prior consent, on any other website or in any other medium or forum, including but not limited to any and all on-line and print media, publicly display, modify and create derivative works from any and all works submitted by Contributor to Publisher hereunder, whether consisting of text, graphics, any other type of content or any combination of the foregoing (each, a “Work”). Contributor owns and will retain all right, title and interest in and to each Work, expressly subject to Website Publisher’s license rights hereunder.

Contributor owns and will retain all right, title and interest in and to each Work, expressly subject to Website Publisher’s license rights hereunder.

2.   Contributor expressly acknowledges and agrees that Website Publisher has no obligation to publish any Work or any portion thereof hereunder.  Website Publisher, in its sole discretion, reserves the right to reject any Work or any portion thereof and/or to edit and format each Work as reasonably necessary; further, Website Publisher, in its sole discretion, may request that Contributor edit or modify the contents of a particular Work. 

Prior to publication of any Work on the Website or in any other medium, forum or format, Contributor will also have an opportunity to review and approve that Work and Website Publisher will use reasonable efforts to address Contributor’s concerns.  However, if Contributor rejects Website Publisher’s edits or elects not to modify a particular Work or if Contributor is dissatisfied with any Work as edited or modified hereunder, Contributor’s sole remedy is to withdraw that Work from publication; on such withdrawal, that Work will no longer be subject to this Agreement and Website Publisher will not have any liability or further obligation to Contributor in connection with such Work. 

3.   Contributor also grants to Website Publisher the unlimited right to use his or her name, image and/or biography on the Website, in any other medium, forum or format or otherwise in connection with the promotion of the Website or the Work in any medium, forum or format.  In addition, should the Work be chosen as a topic of discussion in a Website online forum, Contributor will participate in that forum at a time and in a manner as mutually agreed between Contributor and Website Publisher.

4.   Contributor represents and warrants that, except as specifically disclosed to Website Publisher in writing:  (i) he/she is the sole author of each and every Work, which is an original work created by Contributor, free of any third party content or plagiarized material and not previously published elsewhere in whole or in part, (ii) he/she has the right to grant to Website Publisher the licenses and rights set forth in Section 1 above without violating any rights of any third party, (iii) all facts and statements in each Work are true; and (iv) no Work nor any content in a Work, whether text, graphics or otherwise, (a) infringes any copyright, patent, trademark or other intellectual property right of a third party, (b) violates any right of privacy, right of publicity or any other right of any person or entity, (c) gives rise to any claim of libel, defamation or obscenity or contains any material which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous or defamatory or (d) violates any international, federal, state or local law or regulation.  If a Work or any portion thereof has been previously published elsewhere or has been extracted, paraphrased or summarized from information published elsewhere, Contributor must inform Website Publisher about these facts on submission of that Work.

Contributor will be responsible for and will indemnify, defend and hold harmless Website Publisher and its officers, directors, shareholders, employees, agents, representatives, subscribers and customers from and against any and all Liabilities arising out of the publication of any Work or an alleged breach of Contributor’s representations and warranties herein except to the extent arising out of Website Publisher’s negligence or misconduct.

5.  In Publisher’s sole and absolute discretion, any or all of the Works may be deleted from the Website at any time; provided that Contributor expressly acknowledges and agrees that Website Publisher may continue to exercise its rights hereunder with respect to any and all Works. 

6.   Website Publisher cannot and does not guarantee continuous uninterrupted publication or viewing of any Work on the Website.  Website Publisher will have no liability whatsoever for the unavailability of any Work, the inoperability of the Website or the loss of any related opportunities or transactions incurred or suffered by Contributor, whether resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by Website Publisher or any third party Internet service provider or host.

This License will be governed and construed in accordance with the laws of the State of California, excluding its conflict of law rules, and applicable federal law.  In no event WILL WEBSITE PUBLISHER be liable to Contributor (I) for any CONSEQUENTIAL OR special damages INCURRED BY Contributor IN CONNECTION WITH THIS AGREEMENT AND (II) FOR ANY AMOUNT IN EXCESS OF THE $100.00.

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