You (hereinafter referred to as the “Writer and/or Artist”) are accessing a publicly-available website (hereinafter referred to as the “Online Platform”) operated by The Pennsylvania State University on behalf of its Viral Imaginations: COVID-19 (hereinafter referred to as the “University”) to publish one or more pieces of creative writing or visual art (hereinafter referred to as the “Work”) as uploaded on the Online Platform and as accepted by University.
This document defines the publishing terms and conditions, as well as the rights granted by the Writer and/or Artist to University related to the Work. By submitting Work through this Online Platform, the Writer and/or Artist represents and warrants to having read and agrees to the following terms and conditions. In case of disagreement with any of the terms contained herein, the Writer and/or Artist shall not upload Work to the Online Platform.
- Use of the Online Platform
The Writer and/or Artist shall use the Online Platform to upload Work that he/she/they want(s) to submit to Viral Imaginations: COVID-19 for publication on the Online Platform.
- Submission of Work
The Writer and/or Artist can submit Work to Viral Imaginations: COVID-19 by uploading it to the Online Platform using the Submission Form.
Acceptance, rejection, or use of submitted Work is at the sole discretion of University.
- Grants of Rights
By submitting the Work to University, the Writer and/or Artist grants the following rights to University:
(a). Grants to University, its successors, assigns an irrevocable, perpetual, sublicensable, royalty-free, worldwide non-exclusive license to use, reproduce, distribute, exploit, adapt, modify, display, and create derivative works of the Work in any media now or hereafter known, including, but not limited to: publications, websites, articles, brochures, books, magazines, newsletters, exhibits, videos, films, social media, and advertisements (herein after referred to as the “Materials”) for educational, promotional, or any other purposes University deems appropriate.
(b). Grants to University the unrestricted right to use, reproduce, distribute, exploit, adapt, modify, display, and create derivative works of any and all statements made by the Writer and/or Artist in connection with the submission of the Work or the use of the Materials at University’s sole discretion.
(c). Authorizes and consents to the use of the Writer and/or Artist name and/or likeness in the Work and Materials.
- Publishing Conditions
Publication of the Work on the Online Platform does not entitle the Writer and/or Artist to any payment or other remuneration. Writer and/or Artist hereby waives any claim for compensation.
- Writer’s and/or Artist’s Representations, Warranties, and Indemnifications
(a). The Writer and/or Artist represents and warrants that they are at least 18 years of age and are competent to contract in their own name, or if under 18 years of age, has permission of their parent(s) or guardian(s) to submit the Work and agree to the terms and conditions contained herein.
(b). The Writer and/or Artist represents and warrants that they are the sole author of the Work and of all intellectual property rights in the Work, that the Work is original and does not infringe or violate any copyright, right of privacy or publicity, or any other personal or property right of any person.
(c). The Writer and/or Artist releases and agrees to indemnify and hold University harmless for any and all claims that they or any third party may have now or in the future for invasion of privacy, right of publicity, copyright infringement, defamation, or any other cause of action arising from the use, exploitation, adaptation, modification, reproduction, distribution, or display of the Work or Materials.
(d). Writer and/or Artist represents and warrants that they have obtained all required consents, permissions, and/or usage rights prior to incorporating any third party materials into the content and hereby agree to indemnify and hold harmless University and its successors and assigns and their respective trustees, owners, members, managers, directors, and employees from all damages, liabilities and expenses arising out of Writer’s and/or Artist’s failure to obtain any such consents, permission, and/or usage rights.
(e). The Writer and/or Artist waives any right to be notified or to inspect or approve the Materials.
- Writer’s and/or Artist’s Property
The University shall not be responsible for loss or damage to any property of the Writer and/or Artist.
In the event that one of the provisions of this document providing terms and conditions is considered void, the rest of the document will continue to be in force.
- Applicable Laws and Jurisdiction
Any controversy, claim, or dispute arising out or relating to this Agreement or the breach thereof shall be adjudicated in the Court of Common Pleas for Centre County, Pennsylvania, or the United States District Court for the Middle District of Pennsylvania. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions.
This document shall be binding upon the heirs, executors, administrators, and assignees of the Writer and/or Artist, and upon the successors and assignees of University.