TERMS AND CONDITIONS
This Content Writer's Agreement ("Agreement") sets forth the Terms and Conditions on which the website Administrator ("Administrator") of the website www.blogworkx.com, will accept Content from you for publication on www.blogworkx.com ("Blog").
Blogworkx.com is owned and maintained by Frost and Fable Records Private Limited.
Please read this Agreement carefully.
Your use of this Website constitutes acceptance of the terms and conditions of the Content Writer's Agreement, Terms of Service, Online Privacy Policy and Anti-Spam Policy.
1. Content Guidelines
You are hired on a non-exclusive basis by the Administrator as Content Writer to write and submit Content Blog and Content ("Content") as directed and in accordance with the specifications prescribed by the Administrator.
You shall submit Content to the Administrator as and when required, and the Administrator shall consider the Content for potential publication on the Blog. Your services may also include editorial functions in respect of Blog Content submitted by others.
Content submitted by you
Must be:
- Your original work of authorship;
- In conformity with Content specifications prescribed by the Administrator from time to time, including word limit, timelines and general quality standards to be adhered to for Blogworkx.com publications.
Must Not be any Content that:
- Has appeared on any other Web log (Blog) or been published or distributed in any other medium;
- Is illegal, obscene, threatening, harassing, defamatory, inaccurate, misleading, and/or unsafe;
- Infringes, misappropriates, or violates the copyrights, trademarks or other intellectual property rights, rights of privacy or publicity, or other rights of any third party; or
- Violates any applicable laws or regulations.
2. Content Submission and Publication
2.1 All Content must be submitted to the Administrator in accordance with the specifications prescribed by the Administrator. The Administrator shall use reasonable efforts to review Content to determine whether it meets the general quality standards and specifications as prescribed.
2.1.1 Please contact the Administrator at cw@blogworkx.com for details and specifications.
2.1.2 The Content submitted by you may contain upto one self serving link.
Notwithstanding the foregoing, you are solely responsible for all Content that you submit.
2.2 Content may be accepted by the Administrator in any of the following ways:
- Administrator notifies you that it has accepted the Content for publication on the Blog; or
- Administrator publishes the Content on the Blog.
2.3 Content may be rejected by the Administrator in any of the following ways:
- Administrator notifies you that it has rejected the Content for publication on the Blog;
- Administrator requests that you make changes to the Content, in which case the original Content shall be deemed rejected and the re-submitted Content shall be subject to acceptance or rejection by the Administrator; or
- Administrator does not notify you of its acceptance or rejection of the Content, nor publish the Content on the Blog, within twelve (12) months from the date of submission.
2.4 Content accepted by the Administrator for publication on the Blog is referred to hereinafter as "Published Content", and is subject to the "Assignment of Rights" set forth below.
- Administrator may publish the Published Content on the Blog in any manner and form that it sees fit.
- Administrator may remove the Published Content from the Blog at any time and for any reason.
- Administrator may edit the Published Content in any manner it sees fit.
- Administrator shall have the right, but not the obligation, to attribute the Published Content to you.
3. Consideration
The Administrator may determine the pecuniary compensation/consideration on a case to case basis for the Published Content provided for the Blog; or in its discretion offer instead, publication of Content, in lieu of pecuniary compensation, which shall be considered adequate consideration. The details of such consideration shall be made available to you along with the specifications of the services required from time to time.
4. Delivery of the Work
Unless otherwise specified, you shall make email submissions of Content to articles@blogworkx.com to the Administrator on or before the date prescribed the in the form and in accordance with, the specifications prescribed by the Administrator.
5. Assignment of Rights
i. In lieu of the consideration described above, you hereby irrevocably and unconditionally sell, transfer and assign to Administrator, its successors and assigns, on an exclusive basis, all right, title and interest, both vested and contingent, in and to the Published Content, in every form and medium, including without limitation all versions and derivations thereof, all modifications and improvements thereto, the copyrights and other intellectual property rights embodied therein and appurtenant thereto for India and throughout the world, and all rights of enforcement therefor, including the right to recover damages for past infringement. To the extent permitted under applicable law, the foregoing includes waiver of all rights that may be known or referred to as "moral rights," "artist's rights," "droit moral," and the like.
ii. You agree that no rights or licenses in the Published Content, express or implied, are retained by you, that any rights retained by operation of law are hereby irrevocably and unconditionally waived, and that Administrator is and shall be entitled to edit, publish, re-publish, prepare derivate works of, and exercise all other exclusive rights in the Published Content, without any further obligation or payment of any kind, by virtue of being the owner, claimant, and holder thereof.
You further agree to execute any and all documentation reasonably requested by Administrator to confirm any assignment, transfer or waiver made under this Agreement, and to take such additional actions as Administrator may reasonably request for the purpose of confirming, perfecting, maintaining, and enforcing Administrator's rights in the Published Content.
iii. Your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, without Administrator's express prior written consent. Any attempted assignment, delegation or transfer in violation of the foregoing will be null and void. This Agreement shall be binding on and shall inure to the benefit of the parties hereto, and their respective heirs, successors and permitted assigns.
iv. The Administrator shall have the right, but not the obligation, to attribute the authorship of the
Published Content to you.
6. Confidentiality:
Notwithstanding any other provision in this Agreement, in the course of performing services pursuant to this Agreement, you may come into contact with, or acquire knowledge about, the Administrator's technical or business information including information or data detailed in the specifications including payment terms between the Administrator and you, which information may be in written or oral form.
Such information is, and shall remain, the exclusive property of the Administrator. You shall treat and maintain all such Information as confidential. The Information may be used by you only if required to perform services under this and may not be released to any other person, entity, or the public without the prior written consent of the Administrator.
The obligation of confidentiality and use with respect to confidential information shall survive the expiration or termination of this Agreement.
7. Termination
i) The Administrator may terminate this Agreement at any time and for any reason upon notice to you.
ii) You may terminate this Agreement upon 30 (thirty) days' prior written notice to Administrator subject to discharge of your existing obligations under this Agreement as on date of termination. Sections 4 through 11 of this Agreement, including without limitation, the assignment of all Published Content by you to Administrator, shall survive the termination or expiration of this Agreement for any reason.
8. Warranties and Indemnification
You represent and warrant to the Administrator that:
- You are at least eighteen (18) years of age.
- You have full right, power, and authority to enter into and perform your obligations under this Agreement.
- All Content submitted by you, including all Published Content, shall fully comply with the Content Guidelines set forth in Section 1 of this Agreement, including without limitation the requirements concerning originality, compliance with applicable laws, and non-infringement of third party rights.
- You have not assigned, licensed, or otherwise transferred any rights in the Published Content to any third party.
- You shall not take any other action that is inconsistent with Administrator's ownership of the Published Content.
You agree to indemnify and hold the Administrator, its directors, officers, agents, employees and affiliates harmless from and against any and all claims, demands, actions, suits, prosecutions and other proceedings brought by or on behalf of a third party in any jurisdiction, and all related damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including attorneys' fees and costs), arising from or related to (a) the Published Content or (b) your breach of any representation, warranty, covenant or other obligation set forth in this Agreement.
9. Disclaimer:
The Administrator makes no representations or warranties of any kind, express or implied, related to the Blog, the published Content or this Agreement. Without limiting the foregoing, Administrator does not represent or warrant that your Content will be published on the Blog, or that the Blog will be accurate, complete, up-to-date, or free from typographical errors. Administrator expressly disclaims any warranties of fitness for a particular purpose, title or non-infringement.
10. Limitations of Liability:
In no event shall the Administrator or its directors, officers, employees, agents or affiliates be liable to you or anyone else for any indirect, consequential, special, incidental, exemplary, punitive, or similar damages arising from or related to this Agreement, regardless of the form of action, whether in contract, tort, or otherwise, and even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, Administrator's total cumulative liability to you for all claims or suits arising from or related to this Agreement, regardless of the form of action, and even if advised of the possibility of such damages, shall not exceed the greater of (i) the amount paid to you under this Agreement or (ii) INR ONE RUPPEE/WORD. The existence of more than one claim or suit will not expand this limitation.
11. General provisions
Governing Law: This Agreement is governed by the laws of India, without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to and is expressly excluded from this Agreement. Courts in Chennai shall have exclusive jurisdiction over disputes rising hereof.
Notice: Any written notice either party may give the other concerning the subject matter of this Agreement shall be in writing and given or made by means of Electronic mail, facsimile transmission, certified or registered mail, express mail or other overnight delivery service, or hand delivery, proper postage or other charges paid and addressed or directed to the respective parties as follows:
To Administrator: To Administrator at Administrator's address as hereunder:
REGISTERED COMPANY ADDRESS
Frost and Fable Records Private Limited
The Opal Orchard
Plot No. R- 41, Flat No. 2,
Ground Floor, Golden Colony,
Mogappair,
City: Chennai
Pincode: 600-050,
State: Tamilnadu,
Country: India.
Telephone: +9144-42846101
Facsimile: +9144-42846101
Email: blogworkx@blogworkx.com
Such notice shall be deemed to have been given or made when actually received or seventy-two (72) hours except in case of electronic mail which shall be deemed to be received 24 hours after being sent as specified above, whichever occurs first.
To Content Writer [Name]: Address ___________
Telephone: ___________
Facsimile: ________
Email: ____________
Amendments: Administrator may amend or modify this Agreement from time to time in its sole discretion by posting notice of the amendment on this Blog; provided, however, that unless otherwise specified, the amendment shall be effective only with respect to new Content submitted by you after the date of posting. Amendments/modifications shall become effective immediately upon being posted at:
http://www.blogworkx.com.Your submission of new Content and continued use of the Blog after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. We therefore recommend that you refer to these terms from time to time to check when they were last updated.
Entire Agreement: This Agreement sets forth the entire Agreement of the parties with regard to the subject matter hereof, and supersedes all prior and contemporaneous negotiations, agreements, arrangements and understandings, whether written or oral. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
This Agreement, and any amendment or waiver of the terms hereof, may be signed in counterparts or electronically. Any signature may be delivered by facsimile or electronically by any method of indicating acceptance, which will have the effect of an original signature.
Assignment: Your rights, duties or responsibilities under this Agreement may not be assigned, delegated or otherwise transferred in any manner, without the prior written consent of the Administrator.
Mail your entries to articles@blogworkx.com.
