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This agreement is in effect as of August 7, 2013.
We reserve the right to change this Content Submission Agreement from time to time without notice.
Independent Contractor Status
By submitting blog posts to us, Content Creator is an independent contractor, not an employee of The Underwear Expert. You agree that you are not entitled to, and don’t expect any wages or compensation for the Works that you submit. You also agree that by submitting the Works to us you are not eligible for any employee benefit plans or programs. You must obtain and pay for your own computer, Internet access, third-party clearances and licenses and everything else you need to create and submit your content posts to us. You cannot hold yourself out as our agent or representative or attempt to bind us to any obligations.
The Underwear Expert provides a forum with a large, diverse audience for you to share your views and express your unique opinions and ideas. The Underwear Expert may be used to build a fan base and readership within The Underwear Expert site as well as connect readers to your own social networking outlets, such as your Twitter or Facebook.
Content Creator and The Underwear Expert both represent that they each are receiving something of value from the other. Content Creator is receiving, among other things, credit from The Underwear Expert for the Works. The Underwear Expert is receiving, among other things, the rights to use the Works contained herein.
Content Creator warrants the Works are original and created solely by them, and that the Works will not violate any law, regulation or the rights of any third party. Content Creator warrants that he has obtained rights from any third-parties, including individuals shown in the Works, sufficient to make the representations and grant the rights to The Underwear Expert contained herein.
Content Creator will indemnify The Underwear Expert from any and all lawsuits or claims and liabilities (including damages and reasonable attorney’s fees) that are caused by or result from this agreement and/or The Underwear Expert’s use of their Works.
We do not guarantee we will use the Works that you submit.
Intellectual Property and Rights Licensed
The Works produced by the Content Creator are protected by International Copyright Law (all rights reserved) and the Content Creator retains the copyright to all Works. Content Creator grants The Underwear Expert a, irrevocable, worldwide, royalty-free and perpetual right to use, publish and distribute the works and The Underwear Expert may, without limitation, reproduce Works on its website and its in on-line archives and other properties and those of their affiliates and business partners, as well as for marketing and promotional purposes, online or offline, in any medium and mode of delivery. Notwithstanding the foregoing, nothing in this agreement shall prevent The Underwear Expert from obtaining compensation for the sale or syndication of the Works or other products or services.
You agree that if The Underwear Expert is legally required to disclose information that we have about you (including your IP address and location, name and user name, or other identifying information), we may do so, without notice to you.
This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of New York applicable to agreements entered into and to be performed entirely therein. Any suit, action or proceeding with respect to this Agreement shall be brought exclusively in the federal or state courts in the Southern District of New York or New York County. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees.