By submitting their work, the artist agrees to the following terms and conditions:
This Agreement made between Poet Land, an Imprint of Adirela Media, LLC, hereinafter referred to as the MAGAZINE, with main headquarters at 11895 SW Katherine St, Tigard, OR 97223, and its successors and assigns, hereinafter referred to as the PUBLISHER, the ARTIST to publish an original work for which the ARTIST holds the sole copyright and intellectual ownership, hereinafter referred to as the WORK, on the digital platform Poet Land, located at www.Poet-Land.com. As such, the PARTIES agree as follows:
1. Print Rights: The ARTIST shall retain all right to their WORKS; the ARTIST grants limited, non-exclusive print rights to the WORK to the PUBLISHER for inclusion in the MAGAZINE for publication.
2. Electronic Rights: The ARTIST grants electronic rights to the PUBLISHER to include the Work in the MAGAZINE.
3. Limitations on the Scope of the Agreement: This Agreement is not a transfer of the copyright to the WORK but does cede to the PUBLISHER the limited right to publish the WORK in the MAGAZINE, in any future revisions of the MAGAZINE, or in any other medium, digital or other, that the MAGAZINE may employ, including, but not limited to an annual collection published and made available commercially via the MAGAZINE.
4. All rights not expressly granted by the ARTIST reside exclusively with the ARTIST. Any rights that may be developed in the future shall reside with the ARTIST.
5. The ARTIST agrees not to publish or permit others to publish the WORK in the English language prior to or after its initial publication in the MAGAZINE without the prior written permission of the Publisher.
a. If the Work is selected for a “best of the year” or an awards anthology, the Publisher agrees to waive this clause, provided the Author gives the Publisher prior written notice of the selection by such an anthology.
6. The WORK will be presented without commercial interest and free of charge to readers of the MAGAZINE, and, as such, there is no compensation due to the ARTIST by the PUBLISHER for the use of the WORK.
7. Should the WORK be made commercially available by the PUBLISHER in any form other than previously stated in this AGREEMENT, the PUBLISHER will initiate a revised agreement for publication.
8. The ARTIST warrants that, as of the date of executing this AGREEMENT, she/he/they is the sole author of the WORK; that she/he/they is the owner of all the rights granted to the PUBLISHER hereunder and has full power to enter into this agreement and to make the grants herein contained; that the WORK is original and any prior publication of the WROK in whole or in part has been fully disclosed to the PUBLISHER and that to the best of the ARTISTS’s knowledge the WORK does not infringe upon any copyright or upon any other proprietary or personal right of any person, firm or corporation.
9. The ARTIST agrees to indemnify the PUBLISHER against any loss, injury, or damage finally sustained in a court of law (including any legal costs or expenses and any compensation costs and disbursements paid by the PUBLISHER) incurred by the PUBLISHER in connection with or in consequence of an intentional breach of one or more the foregoing warranties, for which the PUBLISHER has no coverage under its insurance policies.
9. The ARTIST agrees to indemnify the PUBLISHER against any loss, injury, or damage finally sustained in a court of law (including any legal costs or expenses and any compensation costs and disbursements paid by the PUBLISHER) incurred by the PUBLISHER in connection with or in consequence of an intentional breach of one or more the foregoing warranties, for which the PUBLISHER has no coverage under its insurance policies.
10. The PUBLISHER will make no alterations to the WORKS’ text or title without the ARTIST’s written approval in e-mail or hardcopy. ARTIST will be provided with the PUBLISHER’s proposed version of the work prior to publication and given sufficient time to review proposed changes. The PUBLISHER reserves the right to make minor copyediting changes to conform the style of the text to its customary form and usage.
11. The PUBLISHER shall not make the WORK available to any distributor, catalogue, service, or computer program which alters the text of the work or the display of the work, beyond typographic or formatting changes that do not affect the meaning of the work, or facilitate such changes — including but not limited to removing or changing profanity — without written permission of the Author. Should the WORK be listed without the permission of the ARTIST, the PUBLISHER shall ensure its removal.
12. Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of Oregon.
13. The parties agree that any suit, action, or proceeding, whether claim or counterclaim, brought or instituted by either party relating to the subject matter of this AGREEMENT, shall be tried only by a court and not by a jury. The parties to this agreement expressly waive any right to a trial by jury in any such action or proceeding.
a. VENUE. The parties agree that any action to enforce this Agreement shall be brought in the appropriate state or federal court in the State of Oregon, and that such court shall have personal jurisdiction over each of the parties.
14. SUCCESSORS AND ASSIGNS. PUBLISHER may not assign or in any way transfer this contract or the rights granted by it to another person or entity without the written permission of ARTIST.
15. AMENDMENT. This Agreement constitutes the entire AGREEMENT between the PARTIES and supersedes all prior writings or oral agreements. This AGREEMENT may be amended only by a written agreement clearly setting forth the amendments and signed by both PARTIES.
16. VOID PROVISION. If any term or condition of this AGREEMENT is found by a court of competent jurisdiction to be illegal, unlawful or otherwise unenforceable, the parties agree that such term or condition shall be reformed as nearly as may be possible to carry forth the intentions of the parties and that such illegality, unlawfulness or unenforceability shall not act to void any other term or condition of this AGREEMENT nor to void the AGREEMENT as a whole.
The PARTIES acknowledge that each party has read and understood this contract before execution.