Terms and conditions for Author/Illustrator Submissions

This Website allows authors and/or illustrators (hereinafter “Contributor(s)”) to submit stories and/or illustrations (hereinafter “Material(s)”) which may be published or distributed electronically (“Services”).  By submitting Materials to this website www.cambriascorner.com (“Website”), Contributor agrees to the following terms and conditions of service (“Terms”) between Contributor and Cambria’s Corner.

Contributors under the age of 18 are not permitted to submit Material.      

Cambria’s Corner shall use reasonable efforts to review all submitted Materials.   Contributor acknowledges and agrees that Cambria’s Corner may, at its sole discretion, accept and use or reject and not use any Material provided by Submitter, without any liability to Contributor.  Additionally, if Cambria’s Corner elects to use submitted Materials, it has the right, but not the obligation, edit, modify or remove any Materials at its absolute discretion.  Cambria’s Corner shall have no liability or responsibility for storage or deletion of any Materials. 

Contributor represents and warrants that the Materials submitted (a) have not been previously published or otherwise used, in whole or in part by any third party, and (b) do not infringe the copyright or other intellectual property right or proprietary right of any third party. 

Contributor shall not (a) submit to Cambria’s Corner any Materials that are libelous, defamatory, obscene, vulgar, indecent or otherwise objectionable or which is otherwise unlawful in any part of the world; (b) submit to Cambria’s Corner any Materials that Contributor does not have the right to make available under any applicable national law or contractual agreement; and (c)  misrepresent or disguise the origin of Materials sent to Cambria’s Corner including through the use of forged headers or otherwise manipulated electronic information.

Contributor shall indemnify and hold harmless Cambria’s Corner (and its employees) against any and all liability, costs, damages and losses (including reasonable attorneys’ fees) incurred by Cambria’s Corner arising out of, as a result of, relating to or in connection with (a) the Materials submitted; (b) breach of warranty; (c) violation or the rights of any other third party; or (d) breach or alleged breach by Contributor of any of the terms and conditions set forth in this Agreement.

IN NO EVENT WILL CAMBRIA’S CORNER, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS  BE LIABLE TO CONTRIBUTOR ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY CONTRIBUTOR OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH CONTRIBUTOR’S SUBMISSION AND THIS AGREEMENT (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE CAMBRIA’S CORNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CAMBRIA’S CORNER SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY MATERIALS ON ITS WEBSITE OR SERVICES INCLUDING CLAIMS OF INFRINGEMENT RELATING TO MATERIALS POSTED ON THE WEBSITE OR SERVICES.

All Contributors shall be identified and credited as Contributors on the Website.  Upon submission of Materials, Cambria’s Corner acceptance of such Materials and in consideration of the payment for the Materials (in accordance with Cambria’s Corner payment policy made available to Contributor), Contributor shall assign all right, title and interest in and to the Materials, including copyright, in all means of expression by any method now known, or hereinafter developed, including any and all digital and electronic mediums, Internet and websites. For the avoidance of doubt, Cambria’s Corner rights, include but are not limited to (a) publishing the Materials on any online media, including email, the Internet or other electronic form, (b) reproducing, editing, adapting, translating and publicly displaying such Materials, in whole or in part, and to incorporate the Materials into other works in any format or medium known  now or developed in the future, (c) distributing the Materials by means of email, Internet, or other electronic form, (d) modifying, editing, translating and/or adapting the Materials for purposes of distribution and/or publication, and (e) downloading, printing in hard copy, storing in electronic or hard copy and/or copy the Materials for the purposes of or in connection with the rights set forth in this paragraph.  Notwithstanding the foregoing, Cambria’s Corner grants Contributor a perpetual license to use the Materials solely in print (hard copy) format.  For the avoidance of doubt, print format shall only include “printing on paper” for books and/or magazines that are not displayed or used in any manner via the Internet or any other digital or electronic medium.

Cambria’s Corner may sub-license the rights granted above to any third party involved in the operation of its business and/or assign the rights granted above to any assignee of its business, without notice.  In no event is Cambria’s Corner obligated to use any Materials on its Website.

Contributor agrees that Cambria’s Corner has no control over third parties’ use (including the creation of copies) of Materials.  User also agrees that Cambria’s Corner shall not liable for any loss or damage of any kind (including, without limitation, any intellectual property infringement), resulting from use of Contributor Material made available by the Services. 

Materials may be subject to comments, criticism and/or ratings (“Ratings”) both by Cambria’s Corner and by users of the Services and Cambria’s Corner reserves the right to publish the Ratings of the Materials at its discretion and cannot guarantee that such Ratings will be constructive.  In the event Cambria’s Corner elects to establish a Contributor biography link or page and Contributor elects to post a biography, Cambria’s Corner shall not be liable for any loss or damage of any kind relating to or in connection with the content of such biography.   
              
In the event Contributor submits suggestions or ideas to Cambria’s Corner (“Ideas”), Contributor agrees that such Ideas become the property of Cambria’s Corner to use in any way whatsoever without obligation to the Contributor and that Contributor is not entitled to any compensation of any kind under any circumstances for Ideas.  Contributor acknowledges that Cambria’s Corner may have similar ideas already under development.

The Website and all intellectual property rights, including, without limitation, the Cambria’s Corner logo, Cambria’s Corner products and/or services, domain names, trademarks, copyright in the stories, copyright in the Website design, format and layout and copyright in the images and graphics associated with such Website belong to and shall remain the property of Cambria’s Corner.

These Terms shall be governed by and interpreted in accordance with the laws the Commonwealth of Massachusetts and shall be subject to the exclusive jurisdiction of the courts located in the Commonwealth of Massachusetts.

Contributor acknowledges and agrees that in providing Materials to Cambria’s Corner under this Agreement, Contributor is acting as an independent contractor.  Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between Contributor and Cambria’s Corner.

These Terms constitute the entire understanding between Contributor and Cambria’s Corner with respect to the subject matter of these Terms.

If any part or parts of these Terms are held to be legally invalid or unenforceable, the remaining provisions of the Terms shall continue to apply with the legally invalid sections removed.

Cambria’s Corner reserves the right to change and/or update these Terms from time to time without notice.  It is Contributor’s responsibility to review these Terms.